Madhukar Dinkar Dhore v. Tai Mahendra Ovhal

2025:BHC-AS:3680 42 IA 11591 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11591 OF 2024 IN CIVIL REVISION APPLICATION (ST) NO.2398 OF 2024 Madhukar Dinkar Dhore ...

Applicant/Petitioner versus Tai Mahendra Ovhal and Ors.

...

Respondents Mr. Prabhakar Jadhav i/by Mr. Vishal Kolekar, for Applicant. Mr. Sumit Sonare with Mr. Sujit Nika, for Respondent No.1. Ms. Gauri Kishor Jadhav, for Respondent Nos.2 to 4. CORAM: N.J.JAMADAR, J.

DATE :

23 JANUARY 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an application for condonation of 121 days delay in filing the Revision Application against the order passed by the learned Civil Judge on an application for rejection of the plaint under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908, whereby the said application came to be rejected.

3.

Learned Counsel for the Respondent No.1 resisted the application. It was submitted though in the matter of condonation of delay, liberal approach is required to be taken, yet no sufficient cause has been ascribed. 4.

In paragraph Nos.5 and 6, the applicant has ascribed reasons for the delay. It does not appear that the delay was intentional. Thus, for the reasons SSP 1/2

42 IA 11591 OF 2024.doc assigned in the application and to advance the cause of substantive justice, the application deserves to be allowed.

5.

Delay in filing CRA stands condoned.

6.

CRA be numbered and listed for admission as a fresh matter. 7.

Interim Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 27/01/2025 10:43:23