Hanmant Dyandeo Gurav And ANR v. Bhanudas Vishnu Gurav And ORS

55-wp5634-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5634 OF 2023 Hanmant Dyandeo Gurav & Anr.

... Petitioners V/s.

Bhanudas Vishnu Gurav & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.12.18 18:34:43 +0530 ATUL GANESH KULKARNI Mr. Ashok S. Pandire for the petitioners.

Mr. Shrikant D. Patil for the respondents.

CORAM : AMIT BORKAR, J.

DATED : DECEMBER 18, 2023 P.C.:

1.

By the impugned order, the Appellate Court has rejected application for condonation of delay in filing appeal challenging issuance of certificate under the provisions of the Bombay Regulation Act. Considering the scheme of the Act, appeal against such adjudication is not maintainable. However, the petitioner will have liberty to adopt appropriate proceedings as are permissible in law against the order of grant of certificate under the provisions of the Bombay Regulation Act.

2.

While considering the remedy, time spent in prosecuting the present writ petition shall be excluded.

3.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)