Daulat Kaduba Shinde v. Onkar Pandharinath Borude And Others

980.2015 WP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 980 OF 2015 Daulat Kaduba Shinde ...

Petitioners

Versus

Onkar Pandharinath Borude & others ... Respondents .....

Ms. P.V. Langhe, Advocate for petitioner Mr. K.M. Suryawanshi, A.G.P. for respondent Nos. 6 to 9 .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 10th FEBRUARY , 2015 PER COURT :

1.

The petitioner seeks to challenge the judgment of the Additional Commissioner, Aurangabad dated 21-01-1991 delivered in case No. 90.Rev.A.9 R. The petitioner was the appellant in the said proceedings and was represented by an Advocate.

2.

The impugned judgment does not indicate that the appellant went unrepresented. It is nowhere mentioned in the petition, as regards delay of twenty three years in preferring this petition. There is no explanation set out in the petition to indicate as to

980.2015 WP whether there were enough circumstances, which precluded the petitioner from preferring this petition after twenty three years of the passing of the impugned order.

3.

In the light of the above, this petition is not being entertained purely on the ground of delay. Nevertheless, if the petitioner has any other legal remedy available to him so as to initiate civil proceedings, the same is left open. ( RAVINDRA V. GHUGE, J. ) SDM* FEBRUARY-2015