Smt. Durgabai Wd/O Murlidhar ... vs Pradeep S/O Khamchand Khnadwani ...
2023 Latest Caselaw 10390 Bom

2023:BHC-NAG:14930
                                        1                        70-5058-23-J.odt


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

                            WRIT PETITION NO. 5058 OF 2023

          PETITIONER           :            Smt. Durgabai wd/o Murlidhar
                                            Darbheshwar,
                                            Age 63 years, occ. Housewife,
                                            R/o Plot No. 254, Old Bagadganj Layout,
                                            Gangabai Ghat Road, Garoba Maida,
                                            Nagpur

                                               VERSUS

          RESPONDENTS :            1.       Pradeep s/o Khemchand Khandwani,
                                            Aged 52 years, Occ. Business,
                                            R/o Rewakhand, Plot No. 06, Opposite
                                            Big Bazar, Hiwari Nagar, Nagpur - 08

                                   2.       The Collector, Nagpur,
                                            Civil Lines, Nagpur

                       Mr. K.S. Agrawal, Advocate for the Petitioner
                       Mr. A.J. Mirza, Advocate for Respondent No.1
                       Mr. I.J. Damle, AGP for Respondent / State


                                                 CORAM: AVINASH G. GHAROTE, J.

DATED : 9th OCTOBER, 2023

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard

finally with the consent of learned counsel for the

parties.

2. On 07/10/2023, the following position was 2 70-5058-23-J.odt

recorded.

"The petitioner is the original defendant in RCS No.1255/09, which was the suit for possession, which came to be decreed on 03- 07-14. An appeal came to be filed by the present petitioner against the same bearing MCA St.No.4740/15 to sue as an indigent person and application bearing CA No.685/2015 for condonation of delay of 160 days. The proceedings were dismissed in default on 05-09-19 and application for restoration alongwith condonation of delay application came to be filed on 06-03-2023, resulting in delay of 1200 days. It is contended that considering the COVID-19 period, the delay would be only of 500 days and since the matter relates to possession of the petitioner an opportunity to contest the appeal needs to be granted and any inconvenience can always be compensated in terms of money, for which the petitioner is willing to deposit the costs of Rs. 10,000/-."

3. Mr. Mirza, learned counsel for the respondent

No.1 does not dispute the aforesaid position, he,

however, contends that since much water has flown,

since passing of the decree on 03/7/2014, the Court

below could be directed to decide the application in

M.C.A. No. 4740/2015, within reasonable period of

time, considering which, the impugned order dated

27/7/2023 is hereby quashed and set aside, however, at

the costs of Rs.10,000/- to be paid to the respondent 3 70-5058-23-J.odt

No.1 as a condition precedent. The learned Appellate

Court is also directed to decide M.C.A. No.4740/2015,

within a reasonable time of 60 days from today. The

petition is accordingly allowed in the above terms. No

costs.

Rule is made absolute in the above terms.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 11/10/2023 16:59:08