Rajendra S/O Dajiba Rewade vs Shree S/O Ramesh Kale
2023 Latest Caselaw 12339 Bom

Bombay High Court

Rajendra S/O Dajiba Rewade vs Shree S/O Ramesh Kale on 6 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2023:BHC-NAG:16810
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                               WRIT PETITION NO. 7236                    OF 2023
                                            Rajendra Dajiba Rewade
                                                     -Vs.-
                                              Shree Ramesh Kale
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           Office notes, Office Memoranda of
           Coram, appearances, Court's orders      Court's or Judge's Orders.
           or directions and Registrar's orders.
           ----------------------------------------------------------------------------------------------
                                  Mr.P.S.Sadavarte, counsel for the petitioner.




                                                     CORAM : AVINASH G. GHAROTE, J.

DATE : 6TH DECEMBER, 2023

Heard the learned counsel for the petitioner.

2. The petition questions the order dated 26/09/2023 passed by the learned Appellate Court below Exh.1, an application for condonation of delay for 147 days in filing an appeal against the judgment and decree dated 13/04/2022 passed in Regular Civil Suit No.1242 of 2013. Though the impugned order indicates that the delay is of 147 days, it is contended that since the application for certified copy was not filed within the period of limitation, the same cannot be excluded for which reliance is placed on Jagdish Krishna Kapur v. M/s. Vachha and Co., reported in AIR 1979 Bombay 33 and V. Nagrajan v. SKS Ispat and Power Limited and others, reported in 2022 ALL SCR 29 in support of his contention.

KHUNTE 7-wp7236.23.odt

3. There cannot be any dispute with the proposition as laid down in the above judgments. However, what is material to note is that even if the period claimed to have been spent in obtaining certified copy is included, the total period for condonation of delay would be 212 days which is not of such a magnitude so as to non-suit the respondent from filing a first appeal questioning the judgment and decree dated 13/04/2022 passed in RCS No.1242 of 2013. In Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, reported in (2013) 12 SCC 649, it has been held that a reasonable and pragmatic approach while considering the plea for condonation of delay needs to be adopted considering which since the delay is not of a substantial period and costs of Rs.1000/- also have been imposed, I do not see any reason to interfere in the impugned order. The petition is therefore dismissed. No costs.

JUDGE

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 06/12/2023 15:34:43 KHUNTE