1 / 4 14-cas 105-25(2) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.105 OF 2025 IN SECOND APPEAL ST. NO. 6225 OF 2024 AND CIVIL APPLICATION (CAS) NO.763 OF 2025 IN SECOND APPEAL ST. NO. 6238 OF 2024 Ramabai Manikrao Khakse Vs. Pramilabai Rajendra Tuppat and anr. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.R.D.Dharmadhikari, counsel for the applicant/Appellant. Mr.Siddesh Deshmukh counsel h/f Ms.Gauri Venkatraman, counsel for the respondent No.1. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 04/09/2026 1. Heard. 2. These are the applications for condonation of delay in filing the second appeals. The delay, as stated in the applications, has been caused due to the ill-health of the applicant. The applicant is an old-aged lady and was the only person looking after the litigation. 3. The learned counsel for the applicant submits that, due to severe back pain, the applicant could not contact her advocate within the stipulated period. He has placed on Kavita 2 / 4 14-cas 105-25(2) record the medical certificate in support of his contention regarding the ill-health of the applicant. 4. The learned counsel for respondent No.1 has objected to the consideration of the said medical certificate and the reasons assigned by the applicant. According to the learned counsel for respondent No.1, the reasons stated by the applicant are not sufficient to condone the delay, as her family members were also assisting her in pursuing the litigation. 5. It is further submitted that the medical certificate does not indicate that the applicant was suffering from any serious ailment which prevented her from contacting her advocate within the stipulated period. The learned counsel, therefore, submits that no sufficient cause has been shown for the delay and prays for rejection of the application. 6. Heard both the sides. 7. Though the reasons stated in the applications, by themselves, may not be said to be wholly sufficient, this Court is inclined to take a liberal view, particularly considering the fact that the applicant is a senior citizen and resides in a remote area. In the circumstances, it would have been difficult for her to travel from Udaipur to Nagpur to contact her advocate and pursue the litigation. Therefore, the delay appears to be bona fide and deserves to be condoned. Kavita 3 / 4 14-cas 105-25(2) 8. Considering the reasons stated in the applications, the same are allowed and the delay is hereby condoned, subject to the applicant depositing costs of Rs.20,000/- in the 'Public Welfare Account' bearing No.129712010001014, IFSC Code UBIN0812978 with Union Bank of India, Branch High Court, Civil Lines, Nagpur by the applicant. 9. Both the civil applications stand disposed of. 10. Registry to register the appeals. SECOND APPEAL ST. NO. 6225 OF 2024 AND SECOND APPEAL ST. NO. 6238 OF 2024 1. The appellant, who is the original plaintiff, filed suits seeking declaration and recovery of possession. The said suits came to be dismissed. The appeals preferred by the appellant were also dismissed. 2. Being aggrieved, the appellant has filed these second appeals on the following proposed substantial questions of law: II. Whether both the Learned Lower Court and the First Appellate Court below erred in not considering the undisputed fact that the suit property was a Class-II land and no prior sanction from the competent authorities was Kavita 4 / 4 14-cas 105-25(2) taken before execution sale deed? III. Whether both the Learned Lower Court and the First Appellate Court below passed the Judgment without appreciating the evidence correctly and has been appreciated in a perverse manner? 3. Issue notice to the respondent No.1 on the above mentioned proposed substantial question of law, returnable on 05.10.2026. 4. Mr. Siddesh Deshmukh learned counsel waives the service of notice for the respondent No1. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 04/09/2026 18:16:36