The State Of Maharashtra vs Shri Nayaku Tuka Kadam (Since ...
2022 Latest Caselaw 34 Bom

                                       (22)-CA-6141 & 6142-2000 in FA St.9212-1998.doc
                                                           03.01.2022



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                       Civil Application No. 6141 / 2000
                                   Alongwith
                       Civil Application No. 6142 / 2000
                                       in
                      First Appeal Stamp No. 9212 / 1998

         The State of Maharashtra                              ... Applicant
                 Versus
         Shri. Nayaku Tuka Kadam (since deceased)
         Through Legal Heirs Krushna N. Kadam                  ... Respondents



                                       ****
         Mr. A.R. Patil, AGP for Applicant.
         Mr. Umesh R. Mankapure, Advocate for Respondent Nos. 1 & 2.

                                       ****

                                       CORAM     :   SANDEEP K. SHINDE, J.

                                        DATE     :   3rd JANUARY, 2022.
         P.C.

1. State of Maharashtra through Collector, Sangli moved an

application, seeking condonation of 1343 days delay occurred

in filing the First Appeal against the judgment and award

dated 8th February, 1994 in L.A.R. No. 140/1991, passed by the

IInd Joint Civil Judge, Senior Division, Sangli.

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2. Heard. Mr. Patil, learned AGP for the State and Mr.

Mankapure, learned Counsel for Respondents. Perused the

applications.

3. The award impugned was passed on 8th February, 1994; Law

and Judiciary Department issued a resolution dated 11 th July,

1995 for filing the First Appeal against the impugned award; resolution was received in the office of Government Pleader,

High Court, Appellate Side, Mumbai on 12 th July, 1995. In the

meanwhile, certified copies of the judgment and award were

misplaced. Whereafter, again certified copies were obtained

on 7th November, 1997. An application was moved on 4 th May,

2000, seeking condonation of 1343 days delay occurred in

preferring the appeal.

4. However, it appears from the record that the First Appeal

was presented on 12th March, 1998 and application for

condonation of delay was filed on 4 th May, 2000. As a matter

of fact and Rule 3A of order 41 of the Code of Civil Procedure

(CPC), when an appeal is presented after the expiry of the

period of limitation specified therefore, it shall be accompanied by an affidavit, setting forth the facts on which

the Appellant relies to satisfy the Court that he had

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sufficient cause for not preferring appeal within such time.

5. Be that as it may, in consideration of the averments, the

reason for such an inordinate delay is stated to be only due

to time consumed in obtaining certified copy of award;

approval of Law and Judiciary to issue authorisation to

Government Pleader; time spent/ consumed in drafting; time

consumed in obtaining certified copy on second time, lacks

bonafides. Therefore, in my view, the Applicant has not

shown a sufficient cause to condone the inordinate delay over

a period of four years caused in preferring First Appeal. For

the reasons aforestated, Application is rejected.

(SANDEEP K. SHINDE, J.)

Digitally signed by MOHAMMAD MOHAMMAD NAJEEB NAJEEB MOHAMMAD MOHAMMAD QAYYUM QAYYUM Date:

2022.01.04 11:42:43 +0530

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