The High Court dismissed a writ petition seeking condonation of a 430-day delay in filing an appeal. The court held the delay was not adequately explained as it stemmed from the petitioner's speculative desire for interest.
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wpst-13971.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION STAMP NO.13971 OF 2014
Anand Sudhir Bhogade : Petitioner. Versus Shantvir Bhimashankar Shete and ors. : Respondents
Mr. R S Alange for the Petitioner.
CORAM : R. M. SAVANT, J. DATE : 12th October 2015
P.C.
1 The writ jurisdiction of this Court is invoked against the order dated 06/03/2014 passed by the learned District Judge-1 Solapur by which order the application for condonation of delay of 430 days in filing the First Appeal in the District Court came to be rejected.
2 The suit in question being Special Civil Suit No.24 of 2005 filed by the Petitioner came to be decreed by the Trial Court i.e. the learned Joint Civil Judge, Senior Division, Solapur and a decree in the sum of Rs.2,98,010.66 ps was passed against the Defendant No.1. It is the case of the Petitioner/Applicant that after the decree was passed, the Defendant No.1 had assured the Petitioner/Applicant that he would pay the entire amount in lump sum within 2 months after the decree i.e. up to the end of the year 2011. The Defendant No.1 having not done so, the Petitioner then decided to file an Appeal resulting in the said delay of 430 days in filing the Appeal.
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wpst-13971.14
3 In my view, the said reason can hardly be said to be a reason for condonation of delay of 430 days in filing the Appeal. The Petitioner/Applicant seems to be aggrieved by the fact that the Trial Court has not granted interest on the decretal amount of Rs.2,98,010.66 ps. The Appeal can therefore be said to be a speculative in nature. Hence no case of interference in the writ jurisdiction of this Court is made out. The above Writ Petition is accordingly dismissed.
[R.M.SAVANT, J]
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1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to condone a delay of 430 days in filing the first appeal given that the reason stated was merely speculative aggrievement regarding interest.
1 provisions across 1 enactments
Anand Sudhir Bhogade
Shantvir Bhimashankar Shete
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
