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Bombay High CourtWP/1043/2016rejected

Shri. Ramnath @ Ramanata Ladu Parienkar @ Poryekar And ANR., v. Shri. Harishchandra Ladu Porienkar @ Poryekar And 21 ORS.,

2016-11-29F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1043 OF 2016 SHRI. RAMNATH @ RAMANATA LADU PARIENKAR @ PORYEKAR AND ANR., ... Petitioners

Versus

SHRI. HARISHCHANDRA LADU PORIENKAR @ PORYEKAR AND 21 ORS., ... Respondents Mr. Suresh Palkar,Advocate for the petitioners. Coram:- F. M. REIS, J.

Date:- 29th November, 2016 P.C.

Heard Mr. S. Palkar, learned Counsel appearing for the petitioners.

2. The challenge is to the rejection of an application for condonation of delay of 369 days in filing an Appeal from Order, taking exception to an order passed by the Inventory Court dated 3.3.2014.

3. The learned Judge while passing the impugned order has found that on account of inordinate delay, the question of exercising discretion in favour of the petitioners would not be justified. Though the learned counsel appearing for the petitioners has assailed the impugned order on different counts, I find that the orders under challenge are in the course of Inventory proceedings and all such orders can be challenged alongwith any adverse order in the final homologation of the

WP/1043/2016 Inventory Proceedings. As such, I find that there will be no failure of justice in case the impugned order is allowed to stand. Petition stands accordingly rejected with liberty to the petitioners to challenge all such orders at the time of final disposal of the inventory proceedings in accordance with law. F. M. REIS, J.

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