Kanchan Sanjay Joshi v. The State Of Maharashtra

1 911 ca 15750-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.15750 OF 2015 IN FAST/9891/2015 KANCHAN SANJAY JOSHI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. B. Joshi, Mr. S. S. Joshi and Mr. S.S. Ghate for J. P. Legal Associates AGP for Respondent-State: Mr. P. N. Kutti ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 11/08/2022.

P. C. :

1.

Heard rival submissions. It appears that there is huge delay of 770 days in fling frst appeal against the judgment and decree dated 06/11/2012 passed by learned Civil Judge (S.D.), Jalna. The learned counsel for the applicant submits that he had in fact fled appeal before the Adhoc District Judge-3, Jalna, challenging the aforesaid judgment wrongly and therefore, the time spent in pursuing that remedy, though wrongly, be excluded while condoning the delay.

2.

The learned AGP strongly opposed the application. 3.

In view of Section 14 of Limitation Act, the present delay though seems inordinate, can be condoned keeping in mind the statutory right of the applicant. As such, delay of 770 days stands condoned and the civil application stands allowed and disposed of. 4.

First appeal be placed for admission after removal of offce objections, if any.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-