Joma Ambo Patil Since Decd. Thr. Lrs. Krushna Joma Patil v. Kalya Budhya Patil Since Decd. Thr. Lrs. Balaram Ganpat Patil Since Decd. Thr. Lrs. And ORS
907-WP-14243-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14243 OF 2024 Joma Ambo Patil Since Decd. Thr. Lrs. Krushna Joma Patil
...Petitioner
Versus
Kalya Budhya Patil Since Decd. Thr. Lrs. Balaram Ganpat Patil Since Decd. Thr. Lrs. And Ors
...Respondents
Mr. R.D. Joshi, for the Petitioner.
Mr. Dixit Parmar, i/b Kaustubh Patil, for Respondent. Mr. Vishal Kanade, i/b Ashoka Law Firm for Respondent Nos.2 to 5.
Mr. P.V. Nelson Rajan, AGP for Respondent-State.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : March 12, 2026 ORDER :
1.
This matter was listed pursuant to a praecipe seeking clarification on paragraph 6 of the order dated January 9, 2026. It appears from the roznama, a copy of which is tendered across the bar by the Learned AGP, that the parties have addressed the Sub-Divisional Officer ("SDO") on whether this consideration should be restricted to condonation of delay or also on a full-blown assessment of merits. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:
2026.03.13 12:29:01 +0530 ASHWINI JANARDAN VALLAKATI March 12, 2026 Ashwini Vallakati
907-WP-14243-2024.doc 2.
It is made clear that paragraph 6 dealt with condonation of delay. However, to ascertain whether the delay is justified, there would be some element of facts which would have to be gone into to ascertain the state of knowledge at any specific point in time in the context of delay condonation. So long as the consideration of facts is restricted to that facet of the matter, i.e. to understand whether the delay deserves to be condoned, the SDO will have to examine facts and first decide the facet of delay condonation and only then set hearings on merits of the matter, should he consider that the delay condonation is justified. 3.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] March 12, 2026 Ashwini Vallakati