The applicant sought condonation of delay in filing a first appeal, citing a pending application under section 152 CPC for correcting an arithmetical mistake in the impugned decree as the cause for delay.
Delay in filing the first appeal was condoned; civil application was disposed of.
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CA1032.14.odt
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1032 OF 2014 IN FAST/1882/2014
M.J.P. THR. SECRETARY WATER SUPPLY MANTRALAYA MUMBAI
AND OTHERS.
VERSUS
ZAHIRODDIN FAYAZODDIN INAMDAR
Advocate for Applicants : Mr. D.P. Bakshi Advocate for Respondent : Mr. J.N. Singh
CORAM : S.S. SHINDE & V.K. JADHAV, JJ. Dated: April 21, 2014
PER COURT :-
filing reply. In fact, notices are issued by this Court on 14.2.2014.
Thereafter, on 7.3.2014 matter was listed.
our attention to the averments made in the application filed for condonation of delay. He submits that, impugned judgment and
decree is passed on 9.8.2012. Thereafter, the applicant/appellant
submitted an application bearing MANRJI No.45/2012 before the
same Court under section 152 of Civil Procedure Code for the
2 CA1032.14.odt
amendment of judgment and decree to the extent of correcting arithmetical mistake committed by the Trial Court. Said application was pending before the same Court. Same is decided on 7.1.2014 and therefore, there is delay in filing the appeal.
“6. After confirming the arithmetical mistake committed by the learned trial court, the applicants/appellants submitted an application bearing MANRJI case No.45/2012 before the same Court on 22.10.2012 u/s 152 of C.P.C. for the amendment of judgment and decree to the extent of correcting the arithmetical mistake committed by the learned trial Court. The said application was pending before the same court, who has passed the judgment and decree dated 9.8.2012 in Special Civil Suit No.91/2008. In the said application twicely oral arguments submitted and written note of argument
3 CA1032.14.odt
was also submitted on 13.3.2013 before the same Court.”
appears that said application filed by the appellant is decided by
the Trial Court on 7.1.2014 and this appeal is filed on 10.1.2014.
Since First Appeal is valuable right of the party and same is available on facts as well as law, in the light of averments made in
the application, the application is allowed. Delay stands
condoned. Civil Application stands disposed of.
( V.K. JADHAV, J. ) ( S.S. SHINDE, J. )
aaa/-
2 issues framed by the court
Whether delay in filing the first appeal should be condoned given the pending application for correction under section 152 of the Civil Procedure Code?
Whether the reasons for condonation of delay provided by the applicant are sustainable?
M.J.P. THR. SECRETARY WATER SUPPLY MANTRALAYA MUMBAI AND OTHERS
ZAHIRODDIN FAYAZODDIN INAMDAR
S.S. SHINDE
V.K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
