Mohammed Ali Mumtaz Ali Sayyed vs Moin Ilias Khatik And Anr
2023 Latest Caselaw 2608 Bom

                                                                     920 CRAst 6638.23.doc


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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CIVIL APPELLATE JURISDICTION
  CIVIL REVISION APPLICATION (ST) NO.6638 OF 2023


 Mohammed Ali Mumtaz Ali Sayyed                         ...Applicant

         V/s.
 Moin Ilias Khatik & Anr.                               ...Respondents


 Mr. Vivekanand V. Krishnan i/by Mr. Abhijeet A.
 Dixit for Applicant.
 Mr. P.N. Joshi for Respondents.

                                 CORAM: MADHAV J. JAMDAR, J.

DATE: 17th MARCH 2023

P.C.:

1. Heard Mr. Vivekanand V. Krishnan, learned Counsel

appearing for the Applicant and Mr. P.N. Joshi, learned

Counsel appearing for the Respondents.

2. The Applicant who is original Appellant/Plaintiff is

challenging the legality and validity of the order dated 8th

September 2022 passed by the learned District Judge-10,

Nashik in Civil Miscellaneous Application No.79 of 2020. By the

impugned order, said delay condonation application was

rejected.

3. In view of Covid pandemic, the Hon'ble Supreme Court has

suspended the limitation period from 15th March 2020 to 28th

920 CRAst 6638.23.doc

February 2022. The impugned Judgment and Decree of the

learned Trial Court is dated 18th March 2020 and the said Civil

Miscellaneous Application No.79 of 2020 was filed on 15th

December 2020. Therefore, in fact there was no delay and Civil

Miscellaneous Application No. 79 of 2020 was completely

misconceived.

4. In any case, the learned Appellate Court without

considering the above position has rejected the application.

Therefore, the impugned order is set aside. The Civil

Miscellaneous Application No.79 of 2020 is allowed and the

appeal challenging the judgment and decree dated 18th March

2020 passed by the learned 5th Joint Civil Judge, Junior

Division, Nashik in Regular Civil Suit No. 63 of 2012 is restored

to the file, which is to be decided in accordance with law.

5. Both the parties to appear before the concerned learned

District Judge, Nashik on 17th April 2023 at 11.00 am. for

pointing out this order. Thereafter the learned District Judge to

dispose of the Appeal in accordance with law.

6. The Civil Revision Application is disposed of in above

terms, however, with no order as to costs.

(MADHAV J. JAMDAR, J.)