Bharat Kamalu Jamdare v. Manohar Harishchandra Meher And ORS

37 WP-4399-22.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4399 OF 2022 by BHARAT DASHARATH PANDIT Date: 2022.07.21 17:08:27 +0530 Shri Bharat Kamalu Jamdare .... Petitioner.

V/s Shri Manohar Harishchandra Meher and Others ..... Respondents.

Mr Vijay Killedar for the Petitioner.

Mrs. V.S. Nimbalkar, AGP for Respondent Nos. 7 to 9. CORAM: NITIN W. SAMBRE, J.

DATE: JULY 19, 2022 P.C.:- 1] Heard Mr. Killedar, learned Counsel for the Petitioner at length. 2] Contentions are, delay of six years is condoned considering merits of the matter and there is no justification in support of such claim for condonation of delay.

3] Counsel for Respondent Nos. 7 to 9 would support the order impugned.

4] I have considered the said submissions.

5] It appears that cause for condonation of delay cited in the order impugned is, fraud practiced in the matter of measurement carried 1/2

37 WP-4399-22.doc out which goes to benefit the Petitioner. Principle of law that fraud vitiates every proceedings is required to be taken into account and which is significant in deciding the issue raised before the Court. Both the authorities below were sensitive to the aforesaid fact of allegation of fraud practiced.

6] In that view of the matter, order condoning delay does not call for any interference. Petition as such fails and same stands dismissed. 7] However, it is clarified that proceedings which are initiated by the Respondents shall be decided on its own merits without being influenced by the reasons recorded hereinabove. ( NITIN W. SAMBRE, J. ) 2/2