Sau. Seema W/O Maheshkumar Chudiwal And Another v. Dilip S/O Shivchand Chudiwal And Others
1 / 2 26-CAC 41.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (C) NO. 41 OF 2022 IN CIVIL REVISION APPLICATION NO. OF 2022 Sau. Seema W/o Maheshkumar Chudiwal and another vs.
Dilip S/o Shivchand Chudiwal and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'
s orders Court'
s or Judge'
s Orders.
or directions and Registrar'
s orders.
---------------------------------------------------------------------------------------------- Mr. Madhur Deo, Advocate for applicant.
CORAM : SMT. M. S. JAWALKAR, J.
DATE : 28/11/2022 CIVIL APPLICATION (C) NO. 41 OF 2022 Present application is filed for condonation of delay.
2.
In earlier Writ Petition No.5157 of 2022, by order dated 25/08/2022 this Court has allowed the petitioner to withdraw the writ petition with liberty to file afresh.
3.
The delay is caused from the date of the passing of the order of 5th Joint Civil Judge, Senior Division, Wardha i.e. 15/03/2022, as the applicant was pursuing the remedy under bonafide belief that KOLHE
2 / 2 26-CAC 41.2022 remedy of writ available to him. As such for the reasons stated in the application, as well as for medical reason, I am satisfied that there is no intentional or deliberate delay in filing the present application.
4.
As such the delay is hereby condoned. In view of the reasons stated in the application, I do not see any reason to issue notice to the respondent on application for condonation of delay.
5.
Application stands disposed of.
CIVIL REVISION APPLICATION NO. OF 2022 Leave to amend the prayer clause is granted. Necessary amendment be carried out forthwith.
2.
Registry to register the Revision Application. After registration of the same, issue notice to the respondent, returnable in three weeks. 3.
In the meanwhile, there shall be ad-interim relief in terms of prayer clause (e) till next date.
CHANDRAKANT KOLHE 10:53 JUDGE KOLHE