1 / 2 7-cas 1428-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 1428 OF 2026 IN SECOND APPEAL ST. NO. 10842 OF 2026 Barsu Kawdu Umak (dead) through LRs Vs. Subhadra Marotrao Kekatpure and ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr. S.D.Ingole, counsel for the Appellant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 09/10/2026 1. The applicant has filed this application for condonation of delay of 30 days in filing the accompanying Second Appeal. 2. Considering the reasons given in the application, application is allowed. The delay of 30 days is hereby condoned. 3. Registry is directed to register the appeal. 4. Civil Application stands disposed of. SECOND APPEAL ST. NO. 10842 OF 2026 1. The appellant is the original defendant No. 2. The plaintiff filed a suit seeking declaration, partition, separate Kavita 2 / 2 7-cas 1428-26 possession, mesne profits and permanent injunction. The appellant preferred an appeal along with an application seeking condonation of delay of 178 days. The appellate Court rejected the application for condonation of delay. 2. Being aggrieved by the said order, the appellant has preferred the present appeal on the following proposed substantial question of law.:- “Whether in the facts ans circumstances of the instant case, the learned First Appellate Court erred in law in rejecting the application for condonation of delay without adopting a liberal approach and mandated by the settled judicial principles? 3. Issue notice to the respondents on the above mentioned proposed substantial question of law, returnable on 05/11/2026. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 09/10/2026 18:47:48