The High Court, per Devadhar J., allowed the Notices of Motion for condonation of delay in filing appeals No.1000 and 1001 of 2006, finding no inaction, negligence, or lack of bona fides on the part of the appellants.
Both Notices of Motion praying for condonation of delay were made absolute.
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 ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.54 OF 2007
IN
APPEAL (L) NO.1000 OF 2006
IN
NOTICE OF MOTION NO.94 OF 2006
IN
NOTICE NO.64 OF 2006
Smt.Hirakani Sanatkumar Dixit & Ors. .. Appellants
V/s
Shri.Ramchandra Ganpat Nimbalkar & Anr. .. Respondents
WITH
NOTICE OF MOTION NO.55 OF 2007
IN
APPEAL (L) NO.1001 OF 2006
IN
NOTICE OF MOTION NO.93 OF 2006
IN
NOTICE NO.63 OF 2006
Smt.Hirakani Sanatkumar Dixit & Ors. .. Appellants
V/s
Shri.Ramchandra Ganpat Nimbalkar & Anr. .. Respondents
Mr.J.P.Sen with Ms.Shashikala Sharma i/by Mr.Yogesh
N.Adhia for the Appellants.
Mr.A.G.Damle for Respondent No.1.
Appellant No.2 present in Court.
Respondent No.1 present in Court.
CORAM : DR.S.RADHAKRISHNAN&
J.P.DEVADHAR, JJ.
DATE : 13th February, 2007.
P.C.:
. Heard the learned Counsel for the parties. Perused
the affidavits in support of both the Notices of Motion.
For the reasons stated therein, sufficient cause is made
out for condonation of delay caused in filing the
Appeals. There is no inaction, negligence or want of
bonafide on the part of the Appellants. Hence, both the
aforesaid Notices of Motion are made absolute in terms
of prayer clauses (a) respectively.
(J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.)
2 issues framed by the court
Whether sufficient cause has been made out for condonation of delay in filing the appeals.
Whether the Notices of Motion for condonation of delay be made absolute.
Smt.Hirakani Sanatkumar Dixit & Ors.
Shri.Ramchandra Ganpat Nimbalkar & Anr.
DR.S.Radhakrishnan
J.P.Devadhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court