Smt. Chandrabai Savlaram Sawant And ANR. v. Mr. Gopinath Harishchandra Ghag

Osk 22- Ia-3143-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3143 OF 2019 IN CIVIL REVISION APPLICATION (ST.) NO. 29903 OF 2019 Smt. Chandrabai Savlaram Sawant & Anr.

... Applicants V/s.

Gopinath Harishchandra Ghag ... Respondent Mr.Omkar Nagvekar for Applicants.

Mr.Jabbar Shaikh a/w. Mr.Avinash Naikwadi i/b. Mr.Sadik Pathan for Respondent.

CORAM : A.S. GADKARI, J.

DATE : 7th April 2022.

P.C. :

1.

This is an application for condonation of delay of 159 days in filing the present Revision Application and to bring legal heirs on record of Applicant No.2 Savlaram Babaji Sawant. It is stated that the Applicant No.2 passed away on 23rd June 2019, leaving behind Applicant Nos.2(a) to 2(d) as his legal heirs and representatives.

2.

The Respondent has filed a detailed Affidavit-in-Reply opposing the application. Learned counsel appearing for Respondent also vehemently opposed the application and submitted that, sufficient cause for condonation of delay has not been make out by the Applicants and therefore the delay may 1/2

Osk 22- Ia-3143-2019.odt not be condoned.

3.

Perusal of application and documents annexed thereto would indicate that, sufficient cause is made out by the Applicant for condonation of said delay. The law laid down by the Hon'ble Apex Court in case of The Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors., reported in 1987 AIR 1353 and Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy, reported in (2013) 12 SCC 649, is squarely applicable to the present case. However, taking into consideration the delay, this Court thinks it appropriate to impose cost of Rs.2,000/- to the Applicant for condonation of delay. The said cost be paid to Kirtikar Law Library, High Court, Mumbai within a period of two weeks from today. 4.

Subject to payment of cost as aforestated, delay is condoned and the Application is allowed in terms of prayer Clause (a) and (b). 5.

Necessary amendment in the record of Court and the copies supplied to the learned Advocate for the Respondent be carried out within a period of three weeks from the payment of cost. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date: 2022.04.11 15:16:41 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2