Pratibha Prabhakar Kulkarni And ... vs Sumati Subhakar Deshpande And Ors
2021 Latest Caselaw 1570 Bom

                      Dusane                                 1/2             34 wp 1246.2020.doc

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Bhalchandra
G. Dusane
                                                 CIVIL APPELLATE JURISDICTION
Digitally signed by
Bhalchandra G.
Dusane                                          WRIT PETITION NO.1246 OF 2020
Date: 2021.01.25
15:11:29 +0530



                           Pratibha Prabhakar Kulkarni & Ors. ....      Petitioners

                                   Vs.

                           Sumati Sudhakar Deshpande & Ors.....           Respondents


                           Mr. Kuldeep Nikam for Petitioner
                           Mr. D.V. Sutar for Respondents

                                                      Coram : NITIN W. SAMBRE, J.

Date : 22nd January, 2021 P.C.:

1. Heard respective counsel.

2. There is delay of 640 days in preferring First Appeal against

the judgment and decree in a partition suit. The order impugned dated

25th July, 2019 passed by the Principal District Judge, Sangli is the

subject matter of challenge.

3. The submissions are that the orders impugned lacks

reasons. According to the learned counsel, there is no sufficient cause

brought to the notice of the Court below so also this Court, which could

be justified the delay in filing of the appeal.

Dusane 2/2 34 wp 1246.2020.doc

4. Per contra, learned counsel for the Respondents submits

that the discretion is already exercised subject to the condition and that

being so, this Court should be slow in causing interference.

5. Considering the fact that the decree under challenge is that

of partition and separate possession and an appeal being continuation

of the suit, exercise of discretion of the District Judge in condoning the

delay appears to be justified.

6. However, the costs of Rs.10,000/- saddled is enhanced to

Rs.25,000/- to be deposited in the trial Court within the period of eight

weeks from today, to which the Petitioners would be entitled to

withdraw.

7. The petition is disposed of in above terms.

( NITIN W. SAMBRE, J. )