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Bombay High CourtWP/11522/2014dismissed

Kishor Pandurang Chavan v. Sidraya Gurusidha Mali And ORS.

2015-01-28Hon'Ble Shri Justice M.S. Sonak2 pages

skc 904-wp11522-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11522 OF 2014 Kishor Pandurang Chavan ..

Petitioner vs.

Sidraya G. Mali & Ors.

..

Respondents Mr. Surel Shah for Petitioner.

None for Respondents.

CORAM : M. S. SONAK, J.

DATE: 28 JANUARY 2015 P.C. :- 1] The petitioner preferred an appeal before the SDO against the order dated 31 March 1965 made by the Additional Mamlatdar - ALT. Such appeal was preferred after a period of almost fifty years since the date of passing of the order. In the memo of appeal there is reference to separate delay condonation application being filed. However, in fact there was no separate delay condonation application filed.

2] The appeal court has declined to entertain the appeal, inter alia on the ground that the same is hopelessly barred by the law of limitation and further that there was no explanation whatsoever, much less sufficient cause shown.

1/2

skc 904-wp11522-14 3] At this length of time and in the absence of any proper explanation, there is no reason for this Court to interfere with the impugned order. Accordingly, the present petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) Chandka 2/2