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Bombay High CourtCRA/11/2026dismissed

Hrudyadevi Rajendra Singh And Others v. Chandrashekhar Govindaji Sathawane And Other

2026-02-09Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

20..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO.11 OF 2026 Hrudyadevi Rajendra Singh (deceased) thru. Sumit and ors. Vs. Chandrashekhar Govindaji Sathawane and anr.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. C. B. Dharmadhikari, Advocate for applicants. CORAM : ROHIT W. JOSHI, J.

DATE : 09.02.2026.

.

The revision petitioner challenges order dated 13.07.2022 passed by the learned District Judge-2, Bhandra in MJC No.147 of 2019, thereby condoning delay of 99 days caused in filing First Appeal against judgment and decree dated 19.07.2019 passed by the learned Joint Civil Judge, Junior Division, Mohadi in Regular Civil Suit No.42 of 2012.

2.

The delay is explained contending that the respondents, who have filed the said application for condonation of delay are rustic villagers, who are unaware about legal provisions with respect to limitation and also on the ground that there was a communication gap between them and their advocate.

3.

The learned First Appellate Court has condoned the said delay accepting the explanation with respect to lack of knowledge on account of want of communication from the advocate with respect to adjudication of the lis. The learned First Appellate Court has observed that the

20..odt delay caused is of 99 days and the explanation offered appears to be probable. Therefore, taking a liberal view of the matter, the learned First Appellate Court has condoned the delay.

4.

The order impugned does not demonstrate any jurisdictional error. It is also well settled that in cases where order of condonation of delay is passed, the Courts entertaining further appeals, revisions or petitions should not normally interfere with the discretion exercised by the First Appellate Court.

5.

Having regard to the reasons recorded by the learned First Appellate Court, this Court is of the opinion that no case is made out for entertaining the revision. Civil Revision is, therefore, dismissed with no order as to costs.

(ROHIT W. JOSHI, J.) T ...

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