Prahladsingh Ramkhilavansingh ... vs Sudhir J. Bhalekar And Anr
2021 Latest Caselaw 15958 Bom

                                                                       70-ia-725-2021-in-fast-2477-2021-aw-ia-726-2021.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO. 725 OF 2021
                                                            IN
                                             FIRST APPEAL (ST) NO. 2477 OF 2021

                                                        ALONG WITH
                                            INTERIM APPLICATION NO. 726 OF 2021
                                                     (FOR INJUNCTION)

                        Prahladsingh Ramkhilavansingh
                        (Since Deceased)
                        Through his Heir and legal representative
                        Savitri Wd/o Surender Singh Prahladsingh                          ...Applicant
                                                                                             /Appellant
                              vs.
                        Shri Sudhir J. Bhalekar & Anr.                                    ...Respondents

                        Ms. Asha M. Bhambwani, for the Applicant/Appellant.
                        Ms. Kavita A. Shah for the Respondent No.2.


                                                      CORAM :    N. J. JAMADAR, J.
                                                      DATE :     17th NOVEMBER, 2021

                        P.C.:

                        1.                 Heard the learned counsel for the applicant and learned

                        counsel for respondent No.2.

                        2.                 This application is preferred to condone the delay of 50

                        days in preferring the appeal against the Judgment and Decree

                        dated 19th October, 2019 in S.C. Suit No.3856 of 1999 passed by the

                        learned Judge, City Civil Court, Mumbai.

                        3.                 The primary reason assigned in the application for delay
           Digitally
           signed by    in preferring the appeal is that the appellant being a senior citizen
           SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2021.11.18
           16:47:34
           +0530
                        Sajakali Jamadar                                                                              ...1
                                                70-ia-725-2021-in-fast-2477-2021-aw-ia-726-2021.doc




could not contact her advocate and give necessary instructions to

file the appeal.

4.                 The learned counsel for the respondent No.2 resisted the

prayer in the application on the ground that, certified copies of the

impugned Judgment and Decree were made available to the

applicant much before the imposition of the lockdown on account of

COVID-19 pandemic.

5.                 The applicant has ascribed justifiable reasons in the

application to make out sufficient cause for condonation of delay. It

is trite that the application for condonation of delay should receive

liberal consideration so as to advance the cause of substantive

justice. It does not appear that there is deliberate inaction or want

of bonafide. The period of delay is also not huge. In the totality of

the circumstances, it would be expedient in the interest of justice to

condone the delay so as to provide an opportunity to the appellant

to call in question legality, propriety and correctness                             of the

impugned Judgment and Decree on merits. Hence, the following

order.

                                     ORDER

1] The application stands allowed in terms of

prayer clause (a).

              2]        The delay in preferring the appeal against the


Sajakali Jamadar                                                                              ...2

70-ia-725-2021-in-fast-2477-2021-aw-ia-726-2021.doc

judgment and order dated 19 th October, 2019 stands

condoned.

3] Interim Application No.725 of 2021 stands

disposed of.

4] Appeal be registered and listed "For

Admission" on 8th December, 2021.

                                           (N. J. JAMADAR, J.)




Sajakali Jamadar                                                                           ...3