Ravindra Radhakisan Kasat vs Punjabrao Namdeorao Jayale
2023 Latest Caselaw 3347 Bom

                                                          1                                    9.WP.2126-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 2126 OF 2023
                                    ( Ravindra Radhakisan Kasat
                                                Vs.
                                    Punjabrao Namdeorao Jayale )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Alok Daga, Advocate for the Petitioner.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 3rd APRIL, 2023

Heard Mr. Daga, learned counsel for the petitioner.

2. In the instant matter, in the suit for specific performance of contract, a decree for refund was passed on 16.12.2014, an appeal against which by the plaintiff had came to be withdrawn. Thereafter an application under Order IX Rule 13 of the Code of Civil Procedure for condonation of delay is claimed to be filed on 24.04.2015 by the respondent/defendant, which came to be dismissed for want of prosecution on 04.09.2019. Another application for condonation of delay and restoration of the earlier application for condonation of delay came to be filed on 14.01.2021 after a period of two years, which has been allowed by the impugned judgment dated 29.10.2022. It is contended by Mr. Daga, learned counsel for the petitioner, relying upon the

2 9.WP.2126-2023.odt

evidence of respondent (page 89), that the respondent was throughout aware of the entire proceedings, and therefore, there was no sufficient cause shown by the respondent for condoning the delay. It is also his contention, that the entire proceedings demonstrate a totally callous attitude on part of the respondent, and therefore, the application for condonation of delay ought not to have been allowed.

3. Issue notice for final disposal to the respondent, returnable in two weeks.

JUDGE SD. Bhimte