Shri. Gulab Sultan Mujawar (Since Decd.) Through Lrs. v. Shri. Sayajirao Shankarrao Mane (Since Decd.) Through Lrs. And ORS.

79-wp10888-2018.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10888 OF 2018 Gulab Sultan Mujawar, since deceased through heirs & legal representatives ... Petitioner V/s.

Sayajirao Shankarrao Mane, since deceased, through heirs and legal representatives & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.12.03 15:03:58 +0530 Mr. Manoj A. Patil for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 3, 2024 P.C.:

1.

The Appellate Court by the impugned order has rejected petitioner's application for condonation of delay of 12 years and 6 months in filing application for restoration of appeal which was dismissed for non-prosecution.

2.

It is true that ordinarily Court should be liberal while restoring the appeal and not to allow parties to get their grievance redressed on merits. However, inordinate delay in filing application need to be explained by exceptional reasons. 3.

The reasons assigned by the petitioner are lack of knowledge and events prior to filing of the application. In the facts of the present case, the reasons are not construed to be sufficient cause

79-wp10888-2018.doc by the Appellate Court. The approach of the Appellate Court cannot be said to be perverse.

4.

There is no merit in the writ petition and the same is dismissed. No costs.

(AMIT BORKAR, J.)