Shri. Jayant Laxman Malbhari And ORS. v. Shri. Ananta Gawtu Pondekar

943. wp 5565.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5565 OF 2017 Shri Jayant Laxman Malbhari and ors.

.. Petitioners Vs.

Shri Ananta Gawtu Pondekar .. Respondent Mr.S.G.Karandikar, for the Petitioners.

CORAM : M.S.KARNIK, J.

DATE : 23rd OCTOBER, 2018 P.C. :

.

The present Petition is filed challenging the order dated 17/11/2016 whereby the Appellate Court has condoned the delay of 127 days in filing the Appeal. The Appellate Court has imposed costs of Rs.3,000/- 2.

Learned Counsel for the Petitioners submits that the Appellate Court was not justified in condoning the delay in absence of any satisfactory explanation or sufficient cause being shown by the applicant.

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943. wp 5565.17.doc 3.

I have gone through the order passed by the learned Appellate Court. The Appellate Court upon recording detailed reasons has come to the conclusion that delay in filing the Appeal against the order below Exhibit 5 deserves to be condoned. I do not find any reason to interfere with the well reasoned order passed by the Appellate Court in the exercise of my jurisdiction under Article 227 of the Constitution of India. The Petition is dismissed with no order as to costs. (M.S.KARNIK, J.) 2/2