1 03. CAS 1289.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1289 OF 2026 IN SECOND APPEAL ST. NO.17193 OF 2026 Chandrakant Hariji Raut (Dead) thru. LR’s Smt. Sunita and ors. Vs. Narayan K. Raut and anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A. A. Zade, Advocate for appellant/applicant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 16.09.2026. . The present application is filed by the applicant/appellant seeking condonation of seven days’ delay in filing the Second Appeal. 2. Considering the reason stated in the application, the application is allowed. Delay of seven days is hereby condoned. 3. The Registry is directed to register the Second Appeal. SECOND APPEAL ST. NO.17193 OF 2026. 4. The present appellants are the legal representatives of deceased defendant No.1. The suit was filed by the plaintiff for specific performance. Defendant No.2 is the brother of defendant No.1. During the pendency of the suit, he has filed pursis stating that the agreement between defendant No.1 and plaintiff was in 2 03. CAS 1289.26.odt existence and he has no objection for decreeing the suit and accordingly the suit was decreed. Aggrieved by the said judgment and decree, defendant No.1 preferred an appeal. During the pendency of the appeal, defendant No.1 died and his legal representatives, who are the present appellants were brought on record. The said appeal was thereafter dismissed. Being aggrieved by the dismissal of the appeal, the present appellants have preferred this Second Appeal on the proposed substantial question of law:- I. Whether both the learned courts below erred in appreciating the pursis dated 12.07.2018 filed by the defendant No.2, whereby he admitted the alleged agreement, which is also not on oath and the contents are contrary to the contents of written statement filed by the defendant No.2 before learned Trial Court? 5. Issue notice to the respondents, returnable after four weeks. (MRS. VRUSHALI V. JOSHI, J.) T αɳɱαყ...