Bombay High Court
Laxmanrao Marutirao Tamhane(Decd. ... vs Jadhavji Jethabhai Balaji Sanatorium ... on 14 March, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2022.03.16
11:25:38 +0530
1/2 07 SA-354.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.354 OF 2021
ALONG WITH
INTERIM APPLICATION NO.3349 OF 2020
Laxmanrao Marutirao Tamhane ]
(Decease) Through LRs. ] ... Appellants
Vs.
Jadhavji Jethabhai Balaji Sanatorium ]
Trust & Ors. ] ... Respondents
...
Mr. Rahul S. Kadam for the appellant.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 14TH MARCH, 2022.
P.C. :-
1. Heard the learned counsel Mr. Rahul Kadam, appearing for the appellant.
2. The learned counsel would submit that the appellate court has rejected the first appeal on the ground of sufficiency of reasons AJN 2/2 07 SA-354.21.odt in condoning the delay of one year and two months. The learned counsel would submit that the learned judge has failed to take into consideration the fact that on the death of his advocate, the appellant was not informed about the appeal being not prosecuted and it is only when he received the execution notice, he became aware that his matter being not prosecuted.
3. The impugned order, however, records that there is no sufficient reason.
4. In the wake of the above, issue notice to the respondent- Trust, making it returnable on 11/04/2022. The appellant is permitted to serve the respondent by private notice.
[SMT. BHARATI DANGRE, J.] AJN