1 / 2 2-cas 1146-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 1146 OF 2026 IN SECOND APPEAL ST. NO. 358 OF 2026 Madan Harischndra Mundane Vs. Sheshrao Ganpatrao Zole 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.V.A.Kothale, counsel for the applicant/appellant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 01/09/2026 1. Heard. 2. The applicant has filed the present application seeking condonation of delay. There is a delay of twenty days in filing the appeal. 3. It is submitted that, owing to the online filing procedure and the clerk's lack of proper understanding of the said procedure, the appeal could not be filed within the prescribed period, resulting in the delay. 4. Considering the reasons given in the application, the application is allowed and the delay of twenty days is hereby condoned. 5. Registry is directed to register the appeal. 6. Civil application stands disposed of. SECOND APPEAL ST. NO. 358 OF 2026 1. The appellant is the original defendant. The suit was instituted against him seeking declaration and injunction. The learned Trial Court partly decreed the suit. Kavita 2 / 2 2-cas 1146-26 2. Aggrieved by the said judgment and decree, the appellant preferred an appeal before the learned Appellate Court. The learned Appellate Court allowed the appeal and reversed the judgment and decree passed by the learned Trial Court. Being aggrieved by the said judgment and decree, the appellant has preferred the present Second Appeal on the following proposed substantial question of law: “Whether, in view of the evidence on record showing that the revenue authorities did not affirm the existence of the alleged Shiv Road on the Government map, and further in view of the positive evidence adduced by defendant No.1 demonstrating the existence of three alternative ways for access to and cultivation of the suit land, the learned Appellate Court was justified in reversing the finding recorded by the learned Trial Court?” 3. Issue notice to the respondents on the above mentioned proposed substantial question of law, returnable on 29/09/2026. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 02/09/2026 18:29:45