Bhavarlal And Kantabai Jain Multipurpose Foundation, v. Eknath Dayaram Gunjal And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11958 OF 2014 IN CIVIL REVISION APPLICATION ST. NO.26104 OF 2014 Bhavarlal & Kantabai Jain Multipurpose Foundation, Jalgaon, Through its Authorized Person, Faruk Shaikh s/o Abdulla, Age-52 years, Occu:Social Work & Business, R/o-Jain House, 8/9, Suyog Colony, Jalgaon, Tq. & Dist-Jalgaon, At present: Jain Pipe Park, Jain Pipe Nagar, Nimkhedi Road, Jalgaon.

...APPLICANT

VERSUS

Eknath s/o Dayaram Gunjal, Age-61 years, Occu:Agri., & Service, R/o-"Muni", House No.218, Ward No.32, Sardar Vallabbhai Patel Nagar, Jalgaon, Dist-Jalgaon and others.

...RESPONDENTS ...

Mr.K.C. Sant Advocate for Applicant.

Mr.P.V. Suryawanshi Advocate h/f. Mr. S.R.

Barlinge Advocate for Respondent No.1.

Mr.V.D. Gunale Advocate for Respondent No.2.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 3RD MARCH, 2015 ORDER :

1.

Heard learned counsel for Applicant - original defendant. He submits that in this matter, for filing Revision there has been delay of 149 days. He submits that the impugned order was passed on 3rd January 2014 and certified copy was applied on 4th January 2014 and received on 3rd February 2014. He submits that, thereafter the Applicant being Trust, it was necessary for the Trust to go through certain formalities for approval and for filing Revision Application. The counsel submits that some time was consumed in making preparations and because of this, there has been delay. The counsel referred to the dispute involved in Civil Revision Application and submitted that interest of justice requires that delay be condoned.

2.

Learned counsel for Respondent No.1 has opposed the delay condonation application. He submits that no sufficient cause has been shown. Learned counsel submits that if the delay is to be condoned, the costs may be imposed.

3.

Learned counsel for Respondent No.2 also objects for condoning of the delay.

4.

Looking to the dispute involved in the Civil Revision Application which has been tendered and the reasons mentioned in the present delay condonation application, in the interest of justice, delay is condoned. The Civil Application stands disposed of, accordingly.

5.

Civil Revision Application be now registered and listed for admission hearing on 25th March 2015.

[A.I.S.CHEEMA,J.] asb/MAR15