9-94179-2020-IAst=.doc Uday S. Jagtap IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO. 94179 OF 2020 IN SECOND APPEAL NO. 416 OF 2006 Smt. Babakka Yallapa Orase .. Applicant Vs. Sukhadeo Vyankat Dhotre & Ors. .. Respondents ..... Mr. Nilesh V. Joshi for the applicant Mr. Abhijeet Kulkarni for respondent nos. 1a to 1d CORAM : PRITHVIRAJ K. CHAVAN, J. DATED : 19th OCTOBER, 2020 (Through Video Conferencing) P.C. 1. Pursuant to an order passed by this Court on 21st September, (Coram : S.C. Gupte, J.), the present fresh interim application for condonation of delay by joining legal heirs of deceased respondent no.1 has been moved. 2. Heard the learned Counsel for the applicant. 3. The prayer is to condone the delay of 13 years 177 days in filing the paper book and setting aside the dismissal order. 4. According to the learned Counsel for the applicant, the delay has been caused primarily due to medical history of applicant’s son, who is said to have been suffering from short term memory loss. 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2020.10.19 19:04:55 +0530 9-94179-2020-IAst=.doc 5. The learned Counsel for the respondents, however, strongly opposed the alleged illness of the applicant’s son, as, according to him a false ground has been raised. The respondents’ Counsel has tendered affidavit-in-reply along with certain photostat copies of photographs depicting celebration of some marriage ceremony inter alia indicating presence of the applicant’s son. 6. The learned Counsel for the applicant seeks time to place on record the medical papers qua the ailment of her son. 7. In that view of the matter, stand over to 2nd November, 2020. 8. This order shall be digitally signed by the Private Secretary of this Court. All concerned shall act on production by fax or e- mail of a digitally signed copy of this order. (PRITHVIRAJ K. CHAVAN, J.) 2 of 2