Aijaz Mohd. S/O Taj Mohd. And Others v. Nasim-Us-Subha Alias Rehana Khan Wd/O Mazhar Khan And Others

2025:BHC-NAG:12677 7 WP-1960-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1960 OF 2019 [Aijaz Mohd. s/o Taj Mohd. and Others ..Vs.. Nasim-us-subha alias Rehana Khan wd/o Mazhar Khan (Dead) thr LRs and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr J. J. Chandurkar, Advocate for Petitioners. Mr N. A. Parwani, Advocate for Respondent Nos.1(A to D) Mr R. Bhishikar, Advocate for Respondent Nos.2 to 6.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 19 th N OVEMBER , 2025 .

1.

Heard learned counsels appearing for the respective parties.

2.

By the present petition, the petitioners challenge the order dated 06.12.2018 passed below Exhibit - 1 in Misc. Civil Application No.96 of 2017 by the learned Additional District Judge - 4, Amravati, whereby the application for condonation of delay filed by respondent No.1 - original defendant No.5 came to be allowed.

3.

I have gone through the impugned order passed by the learned Additional District Judge - 4, Amravati. On perusal, it appears that the learned Additional District Judge considered the matter and after considering the delay, which was properly explained, allowed the application. As far as the delay is concerned, the Court is supposed to adopt a liberal approach and since a liberal approach has been taken, I am not convinced that

7 WP-1960-2019 interference is warranted. Therefore, the present petition is sans merit and is hereby dismissed.

4.

The learned counsel for the petitioners submits that the appeal is of the year 2018. In view thereof, the learned District Judge, Amravati, is directed to decide the appeal within a period of six months from the date of receipt of this order.

(SIDDHESHWAR S. THOMBRE, J.) TAMBE