1 / 2 15-cas 373-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 373 OF 2026 IN SECOND APPEAL ST NO.24998 OF 2025 Vijaya Vilasrao Thakare and ors. Vs. Ashok Shankarraoji Mandavgale ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr. S.Y.Dhunedar counsel h/f Mr.P.R.Agrawal, counsel for the Appellant. Mr.S.R.Sayare, counsel for the respondent. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 04/09/2026 1. Heard. 2. The appellants have filed this application for condonation of 23 days delay in filing the appeal. 3. Learned counsel for the respondent has opposed the application for condonation of delay.. 4. Considering the reasons given in the application, the same is allowed and delay of 23 days caused in filing the appeal is hereby condoned. 5. Civil application stands disposed of. SECOND APPEAL ST NO.24998 OF 2026 1. The appellants, who are the original plaintiffs, filed a suit for specific performance, which came to be dismissed. The appeal preferred by the appellants was also dismissed, Kavita 2 / 2 15-cas 373-26 and the Appellate Court confirmed the judgment and decree passed by the Trial Court. 2. Being aggrieved by the concurrent findings of the Courts below, the appellants have preferred the present Second Appeal on the following proposed substantial question of law: “Whether, both courts below are right in observing that, the suit is bared by limitation to the extent of prayer for specific performance of contract? 3. Issue notice to the respondent on the above mentioned proposed substantial question of law, returnable on 05/10/2026. 4. Mr.S.R. Sayare learned counsel waives the service of notice for respondent. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 04/09/2026 17:57:12