Smt. Saroj Wd/O Ramchandra Dhumal And ... vs Umesh S/O Laxmanrao Nagpure And Others
2023 Latest Caselaw 12802 Bom

Bombay High Court

Smt. Saroj Wd/O Ramchandra Dhumal And ... vs Umesh S/O Laxmanrao Nagpure And Others on 14 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2023:BHC-NAG:17235


      43wp136.2023..


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

                                WRIT PETITION NO. 136 OF 2023
           (Smt. Saroj wd/o. Ramchandra Dhumal and others...Vs... Umesh s/o. Laxmanrao
                                       Nagpur and others)
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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.
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                       Mr. Virat Mishra, counsel for petitioners.
                       Mr. M.J. Sable, counsel for respondent Nos. 1 to 3.

                                              CORAM : AVINASH G. GHAROTE, J.

DATE : 14-12-2023

The petition questions the order dated 10.10.2022, passed below Exhibit No. 91 by the learned District Judge-17, Nagpur whereby the delay in filing cross-objection in the appeal preferred by the petitioners has been condoned at the cost of Rs. 3,000/-. It is contended that since delay was of 4 years and 7 months, it ought not to have been condoned.

2. It is not in dispute, that the judgment dated 28.11.2017, passed by the learned trial Court in Special Civil Suit No. 13/2011 is already in question at the behest of the present petitioners before the First Appellate Court in Regular Civil Suit No. 653/2017, in view of which, permitting the cross objection to be filed on record by condoning the delay would only entail the decision of the appeal and cross-objection on merits for the reason that nothing prevents the respondents, from 43wp136.2023..

raising a plea regarding the findings rendered in the judgment and the learned Appellate Court exercising the powers under Order 41 Rule 33 of the Civil Procedure Code, in view of which, I do not see any reason to interfere in the order impugned. The petition is therefore, dismissed. No costs.

[AVINASH G. GHAROTE, J] Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 15/12/2023 16:27:44