The High Court of Bombay allowed appeals filed ex-parte due to non-appearance of respondents. The court condoned delays in filing Letters Patent Appeals supported by surety bonds and affidavits, listing them for hearing.
Condonation of delay in filing appeals; appeals allowed and listed for hearing on 13/2/2008.
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 APPLICATION NO.352 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24152 OF 2007
IN
WRIT PETITION NO.4145 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Shri Mohd. Daud Karbhari ..Respondent.
AND
CIVIL APPLICATION NO.354 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24157 OF 2007
IN
WRIT PETITION NO.4146 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Narayan Mahadeo Panchagane ..Respondent.
AND
CIVIL APPLICATION NO.356 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24161 OF 2007
IN
WRIT PETITION NO.4147 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Sandip Tukaram Surve ..Respondent.
AND
CIVIL APPLICATION NO.360 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24169 OF 2007
IN
WRIT PETITION NO.4149 OF 2006
- = : 2 : = -
The State of Maharashtra & Ors. ..Applicants.
V/s.
Vijay Bala Date ..Respondent.
AND
CIVIL APPLICATION NO.362 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24172 OF 2007
IN
WRIT PETITION NO.4150 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Vasant Mahadeo Kadam ..Respondent.
AND
CIVIL APPLICATION NO.364 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24175 OF 2007
IN
WRIT PETITION NO.4151 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Sitaram Narayan Salvi ..Respondent.
AND
CIVIL APPLICATION NO.366 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24178 OF 2007
IN
WRIT PETITION NO.4152 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Vasant Sitaram Mane ..Respondent.
AND
CIVIL APPLICATION NO.368 OF 2007
- = : 3 : = -
IN
LETTERS PATENT APPEAL (ST) NO.24262 OF 2007
IN
WRIT PETITION NO.4142 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Shashikant Shivram Salvi ..Respondent.
AND
CIVIL APPLICATION NO.370 OF 2007
IN
LETTERS PATENT APPEAL (ST) NO.24139 OF 2007
IN
WRIT PETITION NO.4141 OF 2006
The State of Maharashtra & Ors. ..Applicants.
V/s.
Pandurang Sitaram Jadhav ..Respondent.
Mr.A.P.Vanarse, G.P. for applicant.
None for respondent.
CORAM : SWATANTER KUMAR, C.J.AND
J.P.DEVADHAR, J.
DATED : 1ST FEBRUARY, 2008.
P.C. :-
1. Counsel appearing for the appellant /
applicant submits that besides serving personal notice,
the respondents in the present appeals have also been
served with the Court notice. Despite service, nobody
is present on behalf of the respondent. Consequently,
applications are heard ex-parte.
- = : 4 : = -
2. For the reasons stated in the applications
which are supported by affidavits, to which there is no
opposition, we are of the considered view that
sufficient cause has been shown for condonation of
delay in filing the present appeals. Consequently,
applications are allowed. Delay in filing the appeals
are condoned. Appeals be numbered.
3. List the appeals for hearing at the
admission stage on 13/2/2008.
4. We make it clear that the appellant will not
be entitled to any further time.
CHIEF JUSTICE
J.P.DEVADHAR, J.
1 issue framed by the court
Whether sufficient cause has been shown for condonation of delay in filing the present appeals.
The State of Maharashtra & Ors.
Shri Mohd. Daud Karbhari
Narayan Mahadeo Panchagane
Sandip Tukaram Surve
Vijay Bala Date
Vasant Mahadeo Kadam
Watandar Late Shri R.R. Kunte, C.J.
J.P. Devadhar, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court