Prabhu Uttam Chavan v. Dattu Maruti Salunke And Others

2025:BHC-AUG:22571 115-wp-13632-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 115 WRIT PETITION NO. 13632 OF 2024 Prabhu Uttam Chavan

VERSUS

Dattu Maruti Salunke And Others ...

Mr. Dinkar G. Kamble, Advocate for the Petitioner Mr. Abhijit S. More, Advocate for Respondent No.1 ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

18th AUGUST, 2025 P.C.:

1.

In view of the settled legal position that rejection of application for condonation of delay in filing First Appeal under Section 96 of the Code of Civil Procedure deserves dismissal of the appeal itself, appropriate relief for the petitioner is to file Second Appeal against the said order. The petitioner has filed petition instead. 2.

In view of the above, writ petition is dismissed with liberty to the petitioner to file Second Appeal challenging the impugned order by which application for condonation of delay in filing First Appeal is rejected. It will be open for the petitioner to contend that time spend in prosecuting the present petition should be excluded for limitation in view of Section 14 of the Limitation Act, 1963. [ROHIT W. JOSHI J.] Narwade/