Bombay High Court
Mr. Vasant Govindrao Wagh vs Mr. Gangadhar Damodar Bhurkule ... on 26 November, 2021
Bench: N. J. Jamadar
9-CAF3330-2019INFAST19057-2019.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 3330 OF 2019
IN
FIRST APPEAL (ST) NO. 19057 OF 2019
Vasant Govindrao Wagh ...Applicant/
Appellant
Versus
Gangadhar Damodar Bhurkule & ors. ...Respondents
SANTOSH
SUBHASH Mr. Milind M. Sathye, for the Applicant/Appellant.
KULKARNI
Digitally signed by
SANTOSH
SUBHASH
KULKARNI
Date: 2021.11.27
CORAM: N. J. JAMADAR, J.
15:18:40 +0530
DATED : 26th NOVEMBER, 2021
PC:-
1. This application is preferred to condone the delay of one
year and six days in filing the appeal against the judgment and
decree in Special Civil Suit No.597 of 2009, dated 27 th February,
2018, passed by the learned Senior Judge, Senior Division,
Nashik, whereby the suit instituted by the plaintiff came to be
partly decreed.
2. The office report indicates that respondent nos.1 and 3
have been duly served. Postal acknowledgment qua respondent
no.2 was awaited.
3. Mr. Sathye, the learned Counsel for the applicant has filed
an affidavit-of-service, today. It indicates that respondent nos.2
9-CAF3330-2019INFAST19057-2019.DOC
and 3 have been served by hand delivery. Acknowledgment is
annexed to the affidavit.
4. The principal reason assigned in the application for
condonation of delay is the invocation of the jurisdiction of a
wrong forum by the appellant in preferring an appeal against
the impugned judgment and decree before the District Court,
Nashik, being Civil Appeal No.60 of 2018, which was filed on 7 th
April, 2018. Subsequently, the appeal came to be withdrawn in
terms of the order passed by the District Court on 24 th April,
2019. Hence, there was delay in preferring the instant appeal
before this Court.
5. The applicant has ascribed reasons in the application,
especially in paragraph 12, which make out a sufficient cause
for condonation of delay. In any event, there is no want of
bona fide or deliberate inaction on the part of the applicant.
The averments in the application are supported by the copies of
orders passed by the District Court as well as this Court in
Miscellaneous Civil Application No.258 of 2018.
6. It is trite that an application for condonation of delay
receives liberal consideration so as to advance the cause of
substantive justice. In the instant case, the applicant has made
out sufficient cause for condonation of delay. Thus, in order to
9-CAF3330-2019INFAST19057-2019.DOC
advance the cause of substantive justice, the application
deserves to be allowed.
7. Hence, the following order:
:Order:
(i) The application stands allowed.
(ii) The delay in preferring the appeal stands condoned.
(iii) The appeal be registered.
[N. J. JAMADAR, J.]
