Shri. Damodar Vitthal Musudage (Decd) Through Lrs And ANR v. Shri. Shankar Bapu Alias Sakharam Musudage (Decd) Through Lrs And ORS

DSS p-11-wp-3971-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3971 OF 2015 Damodar V. Musudage (since deceased through heirs) and anr.

.. Petitioners vs.

Shankar Bapu Alias Sakharam Musudage (since deceased through heirs) and ors.

.. Respondents Mr. Abhijeet A. Desai a/w. Vrushali L. Maindad for the Petitioners. CORAM :

M. S. SONAK, J.

DATE : 17 April 2015 P.C. :­ 1] Not on board. Upon production, taken on board. 2] The order impugned in this petition is one, by which the District Judge has declined to condone the delay in filing the Appeal against the decree.

3] The Hon'ble Apex Court, in case of Shyam Sundar Sarma Vs. Pannalal Jaiswal and ors ­ (2005) 1 SCC 436, has held that an order dismissing the application for condonation of delay in filing an appeal, is also an order made in the appeal itself. 4] In view of the aforesaid, it is not possible to entertain the present petition, as the petitioners have the alternate remedy by way of filing further appeal, as provided under the law.. 5] If however, the petitioners prefer an appeal within a period of four weeks from today, then the period during which the present 1/2

DSS p-11-wp-3971-15 petition has been pending in this Court may be considered as period spent bona fide in pursuing the remedy against the impugned order. 6] With the aforesaid observations, present petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2