India

Man, 108, Dies Just Before Supreme Court Admits Case He Pursued Since 1968


A 108-year-old man died earlier than Supreme Court admitted a case he pursued since 1968 (Representational)

New Delhi:

A 108-year-old man didn’t stay to see that the Supreme Court has admitted his enchantment in a land dispute case he had been pursuing since 1968 and had remained pending earlier than the Bombay High Court for 27 years earlier than being dismissed.

On July 12 this yr, the Supreme Court agreed to listen to the enchantment after Sopan Narsinga Gaikwad’s counsel pleaded that the delay in submitting the enchantment could also be considered from the attitude that the aged petitioner belonged to a rural space of Maharashtra and discovered of the excessive court docket verdict a lot later, and after that he acquired caught because of the onset of Covid-19 pandemic.

The petitioner’s counsel Viraj Kadam informed information company PTI, “Unfortunately, the man, who pursued his case right from trial court to Supreme Court was not alive to hear that his matter has been agreed to be heard.”

“He had expired before the court took up the matter on July 12 but the information about his demise from the rural area came just after the hearing. He will be now represented through legal heirs.”

A bench of Justices DY Chandrachud and Hrishikesh Roy has issued discover on the appliance for condonation of delay of 1,467 days and 267 days in transferring the highest court docket towards the excessive court docket orders dated October 23, 2015 and February 13, 2019.

The Supreme Court additionally sought response from reverse events in eight weeks.

Justice Chandrachud mentioned, “We have to take note of the fact that the petitioner is 108-years-old and moreover the High Court had not dealt with the merit of the case and the matter was dismissed due to non-appearance of the advocates.”

The bench mentioned that because the individual is from rural space the legal professionals involved could not have been in a position to hint him after the case was dismissed in 2015.

It took observe of the submission made by Mr Kadam for the petitioner that the decree which was handed by the trial court docket was reversed by the primary appellate court docket and the second enchantment earlier than the Bombay High Court was pending since 1988.

Mr Kadam submitted that on August 19, 2015, the second enchantment was adjourned, and, thereafter, each units of counsel appeared earlier than the excessive court docket on August 22, 2015 and sought an adjournment to hunt directions.

The Second Appeal was adjourned to September 3, 2015, however was finally taken up on October 23, 2015 and was dismissed in default, Mr Kadam mentioned.

The bench requested whether or not the petitioner had moved a restoration software to which Kadam mentioned that that they had filed an software for condonation of delay induced in submitting software for restoration of Second Appeal but it surely was additionally dismissed in February 13, 2019.

Sopan Narsinga Gaikwad and others had filed second enchantment earlier than the excessive court docket difficult the judgment dated December 17, 1987 handed by trial court docket in first enchantment at Latur the place the decree given to him by the trial court docket on September 10, 1982, was reversed.

Sopan Narsinga Gaikwad had bought a plot of land in 1968 via a registered sale deed after which he got here to know that it was already mortgaged to a financial institution in lieu of the mortgage taken by the unique proprietor.

When the unique proprietor defaulted on a mortgage, the financial institution issued a discover to Sopan Narsinga Gaikwad for attachment over the property.

Gaikwad moved the trial court docket towards the unique proprietor and the financial institution saying that he’s a bona fide purchaser of the land and the financial institution could also be requested to get better the mortgage by promoting different properties of the unique proprietor.

The trial court docket accepted the rivalry of Sopan Narsinga Gaikwad and handed a decree in his favour on September 10, 1982. The authentic proprietor moved the primary enchantment after which the decree was reversed in 1987.

Thereafter, Sopan Narsinga Gaikwad moved the excessive court docket within the second enchantment in 1988, which was dismissed in 2015.
 

(Except for the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)

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