1 35. CAS 941.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.941 OF 2026 IN SECOND APPEAL ST. NO.13192 OF 2026 Pandurang A. Sarnaik (dead) thru. LR’s Shivaji and ors. Vs. Haribhau B. Gondchawar (Marathe) Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. D. Chopde, Advocate for applicants/appellants. Mr. Y. A. Kullarwar, Advocate for non-applicant/respondent. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 17.09.2026. . The applicants have filed the present application seeking condonation of delay of 168 days in filing the Second Appeal. 2. It is stated in the application that applicant No.1, who was the father of the applicants, expired and thereafter applicant No.2 was looking after the matter. Applicant No.2 and applicant No.1-b are residing in the same house. Applicant No.1-b is suffering from paralysis. Applicant Nos.1-c and 1-d are ladies, residing separately and are not actively concerned with the litigation. 3. It is further stated that, as applicant No.1-b was suffering from paralysis and applicant No.2 was taking care of him, therefore, there is a delay of 168 days in filing the Second Appeal. According to the applicants, the 2 35. CAS 941.26.odt delay is neither intentional nor deliberate. Hence, the applicants have prayed for condonation of delay. 4. Learned counsel appearing for the respondent opposed to condone the delay, as the reasons stated in the application are not satisfactory and that the applicants have failed to explain the delay on day-to-day basis. He, therefore, prays for rejection of the application. 5. Heard learned counsel for the respective parties. 6. For the reasons stated in the application, the application is allowed. Delay of 168 days in filing the Second Appeal is hereby condoned, subject to payment of costs of Rs.5,000/- in the following account :- Account Name : Public Welfare Account Account No. : 129112010001014 Bank Name : Union Bank of India, Branch Name : High Court, Civil Lines, Nagpur IFSC Code : UBIN0812978. 7. Cost be deposited before 01.10.2026. 8. Registry is directed to register the appeal. SECOND APPEAL ST. NO.13192 OF 2026 9. Appellants are the original defendants. The respondent- plaintiff filed a suit for specific performance, declaration, permanent injunction and for recovery of money. The suit came to be partly decreed. Order for return of the earnest amount was passed. The appeal 3 35. CAS 941.26.odt preferred by the appellants came to be dismissed. Being aggrieved by the said judgment and decree, the appellants have preferred the present Second Appeal on the proposed substantial questions of law:- I. When the case of plaintiff/respondent regarding specific performance of contract regarding sale of 6.5 gunthas of land for consideration of Rs. 33,000/- and the amount of Rs. 1,67,000/- paid to defendant/appellant as a hand loan is not proved before both the learned court's below then in such circumstances, whether the both the learned Courts below justified in granting decree for refund of Rs. 2 Lakh to the plaintiff? II. Whether both the learned Courts below did not committed grave error by granting relief to plaintiff which was not prayed for? 10. Issue notice to the respondent, returnable on 23.09.2026. 11. Mr. Y. A. Kullarwar, learned Advocate, waives service of notice on behalf of respondent. (MRS. VRUSHALI V. JOSHI, J.) T αɳɱαყ...