Single-paragraph order rejecting a Civil Application filed out of time for seeking relief to amend a writ petition, citing laches and lack of legitimate explanation for delay.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1398 of 2009
IN
WRIT PETITION NO. 1176 of 2007
Shri Hemant Vishnu Dhadphale
....Applicant
v/s.
Sou. Sunanda Bhavanrao Nadgouda Since deceased through the legal heirs Bhavanrao Venkatrao Nadgouda & ors.
....Respondents
Shri P.M.Havnur, Advocate for the applicant. Shri S.G.Deshmukh, advocate for respondents 1 A to 1C.
CORAM:- A.M.KHANWILKAR, J.
DATED:- August 21, 2009.
P.C.
Heard Counsel for the parties.
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no steps were taken to move this application for appropriate orders. From the order-sheet it appears that for the first time circulation was taken on 11th June, 2009. Although, this by itself may not be relevant fact, even going by the cause mentioned in Paragraph 6 of the application, I have no hesitation in taking the view that the application is ill advised and request for further time to file application for amendment in terms of the liberty granted vide order dated 21st August, 2008 cannot be accepted. No details whatsoever are mentioned in the application as to during which period the applicant was unwell and the nature of illness, except the vague statement made that the applicant took steps to move the application only after he got over his ailment.
A.M.KHANWILKAR, J
1 issue framed by the court
Whether the delay in filing the present application justified the grant of liberty for further time granted in the impugned order.
Shri Hemant Vishnu Dhadphale
Sou. Sunanda Bhavanrao Nadgouda
Bhavanrao Venkatrao Nadgouda
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
