Nandkumar Bapu Khadtare v. Popat Ghisulal Punmiya

WP5534_15.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5534 OF 2015 Nandkumar Bapu Khadtare ...

Petitioner Vs.

Popat Ghisulal Punmiya ...

Respondent Mr. Priyal G. Sarda for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 23RD JUNE, 2015 P.C. :

Not on Board. At the request of Mr. Sarda, learned Counsel for petitioner, taken up in the production Board. 2.

Mr. Sarda submitted that the Suit instituted by the respondent was decreed on 21.01.2015. Aggrieved by that decision, petitioner preferred Appeal. Since there was delay in filing the Appeal, he took out application for condonation of delay. By the impugned order, the application was rejected. It is against this order, defendant has instituted this Petition.

3.

Having regard to the fact the application for condonation of delay is rejected, in my opinion, Writ Petition is not maintainable and the petitioner will have to institute Second Appeal. In view thereof, Mr. Sarda seeks permission to withdraw this Petition with liberty to file Second Appeal.

4.

On the motion made by Mr. Sarda, Petition is allowed to be withdrawn reserving liberty to the petitioner to file Second Appeal. It is made clear that I have not examined the merits of the case. All the contentions of the parties, on merits, are expressly kept open. Office is directed to return the certified copy of the impugned judgment and order passed by the learned District Judge.

(R. G. KETKAR, J.) 1/1 Minal Parab