Suryabhan Lahanu Wadibhasme v. Namdeo Lahanu Wadhibhasme And Others
2025:BHC-NAG:15034 1 24-cra 159.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO. 159 OF 2025 ( Suryabhan Lahanu Wadibhasme vs. Namdeo Lahanu Wadibhasme (dead) and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.
Mr. C. N. Deshpande, Advocate for applicant.
CORAM : ROHIT W. JOSHI, J.
DECEMBER 24, 2025 1) Application for condonation of delay of 205 days in filing Regular Civil Appeal is condoned by the learned District Judge - 15, Nagpur vide order dated 18/02/2025 passed in Civil M.A. No. 217/2020. The respondent in the said appeal has challenged the said order by filing the present Civil Revision Application. Perusal of the impugned order it reveals that the learned First Appellate Court has accepted the explanation tendered by the applicant (respondent herein) for condonation of delay that appeal could not be filed within the prescribed period since he is a rustic villager, who is unaware of the niceties of the law and legal procedures and also because his financial condition is poor. Learned First Appellant Court has also considered the fact that the dispute is in respect of immovable property and valuable rights of either party are involved. It has also recorded that the delay is not wilful or deliberate or malafide.
2) Perusal of the impugned order demonstrates that although reasons are not recorded elaborately, it cannot be said that the learned First Appellate Court has not recorded any reasons at all. The learned Fist Appellate Court has exercised the KOLHE
2 24-cra 159.2025.odt discretion in condoning the delay of 205 days caused in filing the first appeal. The First Appeal is substantive statutory right. The reasons recorded are sufficient to condone delay of 205 days. 3) In view of above, this Court sees no jurisdictional error committed by the learned First Appellate Court while passing the order. The Civil Revision Application, therefore, is dismissed. No order as to costs.
( ROHIT W. JOSHI, J. ) KOLHE