Bombay High Court
Vivek S/O. Gajanan Palandurkar ... vs The Vidarbha Premier ... on 2 August, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CIVIL REVISION APPLICATION NO. 27 OF 2016
1] Vivek Gajanan Palandurkar,
aged about 52 years, Occ. Business,
2] Smt. Nutan w/o. Vivek Palandurkar,
aged about 46 years,
Nos. 1 and 2 R/o. Flat No. 404, 4th Floor,
Building No.1, Balasaheb Deoras
Sahniwas Yojna, Opp,. Gandhisagar,
Nagpur.
3] Kishor Yadavrao Shirpurkar,
aged about 50 years, Occ. Business,
4] Smt. Chetna Kishor Shirpurkar,
aged 42 years,
Nos. 3 and 4, R/o. Flat No. 402, Building
No.2, Babasaheb Deoras Sahniwas Yojna,
Opp. Gandhi Sagar, Nagpur. APPLICANTS
...VERSUS...
1] The Vidarbha Premier Co-operative
Housing Society Limited, through its
Chairman, Opposite Gandhi Sagar,
Nagpur.
2] Dr. Rahul Ramesh Kshirsagar,
aged about 38 years, Occ. Medical
Practitioner,
3] Smt. Ruchira Rahul Kshirsagar,
aged about 35 years, Occ. Service,
Nos. 2 and 3 R/o. Flat No. 408, 4th
::: Uploaded on - 03/08/2016 ::: Downloaded on - 04/08/2016 00:30:07 :::
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Floor, Building No. 2, Balasaheb Deoras
Sahniwas Yojna, Opp. Gandhi Sagar,
Nagpur....... NON-APPLICANTS
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Shri B.N.Mohta, counsel for applicants
Shri S.B.Dhande, counsel for Non-applicant No.1
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CORAM: R. K. DESHPANDE, J.
DATE : 2 nd AUGUST, 2016 .
ORAL JUDGMENT
1]
Admit.
Heard finally by consent of the learned counsels
appearing for the parties.
2] The challenge in this Revision is to the order
dated 13.01.2016, passed in Misc. Civil Application No. 19 of
2016, by the lower appellate Court in exercise of its
jurisdiction under Section 26-A of the Provincial Small Cause
Courts Act, condoning the delay caused in filing an appeal.
3] Undisputedly, the appeal under Section 26-A of
the said Act is not maintainable against the order passed by
the trial Court rejecting the objection filed to the application
under Section 12A of the Maharashtra Ownership Flats
(Regulations of the Promotion of Construction, Sale,
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management and Transfer) Act, 1963. Once it is found that
the appeal is not maintainable and the Court has no
jurisdiction, the question of condoning the delay caused
therein does not at all arise. The point is no longer res
integra in view of the decision of this Court in the case of
Pundalik Haribhau Chandekar vrs. Jagdish Dadaji Bind,
reported in 2010 (3) Mh.L.J. 292. In view of this, the Civil
Revision Application needs to be allowed by setting aside the
order impugned in this Revision Application.
4] In the result, the Revision Application is allowed.
The order dated 13.01.2016, passed by the Lower Appellate
Court in Misc. Civil Application No. 1916 is hereby quashed
and set aside and the said Misc. Civil Application is
dismissed.
The parties are left with liberty to challenge the
initial order by adopting appropriate proceedings. .
JUDGE
Rvjalit
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C E R T I F I C A T E
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of original signed Judgment/Order.
Uploaded by : R.V.Jalit, P.A. Uploaded on : 30th August, 2016
