Bombay High CourtCAF/3391/2019delay condonatedrejected

Mohan S/O Namdeorao Hedau v. Hanuman Reddy S/O Koti Reddy And Others

2023-07-27Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 caf3391.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CAF NO.3391/2019 & FIRST APPEAL ST.NO.27927/2018 (Mohan s/o Namdeorao Hedau Vs. Hanuman Reddy s/o Koti Reddy and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Bhavin Suchak, Advocate h/f Mr. Deepak S. Khushalani, Advocate for the appellant/applicant.

Ms. Mrunal Naik, Advocate for respondent no.3. CORAM : SMT. M.S. JAWALKAR , J .

DATED : 27 - 07-2023 1.

The present application is filed for condonation of delay in filing First Appeal. There is delay of 564 days in filing First Appeal. After perusal of the application itself, it appears that the order came to be passed on 17.2.2017. The application is filed for certified copy on 13.7.2018 after a period of more than one year. Certified copy came to be received on 27.7.2018. It appears that thereafter also application was filed after two months. There was delay of 564 days in filing application. At any rate, there is no explanation from the date of passing of judgment till filing of application for certified copy. As such, I am not satisfied with the reasons given by the applicant for condonation of delay. However, in the interest of justice, delay is hereby condoned subject to payment of costs of Rs.5000/- to respondent no.3 - Oriental Insurance Company Ltd. within a period of three weeks.

2 caf3391.19 2.

The Registry is directed to register the First Appeal on payment of costs by the appellant, as directed. 3.

The application stands disposed of.

JUDGE ambulkar Signed By:MUKUND LAXMANRAO AMBULKAR Private Secretary