The court allowed and disposed of a civil application seeking condonation of a 110-day delay in filing a First Appeal, accepting the appellant's procedural explanations without representation from the respondent.
Condonation of 110 days delay in filing First Appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATIION NO.1385 OF 2006
FIRST APPEAL STAMP NO.24272 OF 2005
The State of Maharashtra & Ors.
V/s.
Shalik Manjarya Patil
Asstt.Govt.Pleader for the appellant.
P.C.
Heard the learned A.G.P. for the appellant. None
appears for the respondent despite due service. By this
application, condonation of about 110 days delay is sought
in filing of First Appeal in this Court.
Delay occurred is explained in C.A.. In para.No.1,
various dates, commencing from the date of judgement of the
reference Court dt.22/03/2005 are given. In para.4, the
procedure required to be executed for filing of F.A. is
narrated. According to the appellants, delay occurred is
procedural as explained in Paras 4 & 5 of the C.A.
Despite due service, none appeared for the respondent,
neither any reply has filed nor any affidavit contraverting
the statements made in paras 4 & 5 of the C.A. In this
view of the matter, statements made in paras 4 & 5 are
acceptable to me. I am satisfied that delay is properly
explained and bonafide. In the circumstances, delay of 110
days caused in filing of the appeal in this Court is
condoned. Civil Application is allowed and disposed off
accordingly.
2 issues framed by the court
Whether condonation of 110 days delay in filing a First Appeal is permissible and bonafide.
Whether the explanations for delay regarding procedure are acceptable in absence of respondent appearance.
The State of Maharashtra & Ors.
Shalik Manjarya Patil
unnamed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court