The High Court of Bombay, in this appeal, dismissed the appellant's challenge against an order refusing condonation of substantial delay in filing a notice of motion. The court held the delay unexplained and abnormally time-barred.
Notice of Motion No. 455 of 2018 dismissed as disposed of due to time-bar.
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.
22app208-18-nma455-18.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 208 OF 2018 IN NOTICE OF MOTION NO. 4 OF 2018
Manjuben Chhaganlal Jogi Versus Ramniklal Amritlal Padia And Ors.
...Appellant
...Respondents
With
Notice of Motion No.455 of 2018
Mr.Tejas Vora i/b. Mr.D.R.Mishra and Mr.G.K.Vora, for the Appellants.
Mr.S.C.Naidu with Mr.T.R.Yadav i/b. C.R.Naidu & Co., for Respondent No.4.
CORAM: NARESH H.PATIL AND G.S.KULKARNI, JJ
DATED: 19th June, 2018
P.C.:
2018 passed in Notice of Motion No.4 of 2018 taken out in Miscellaneous Petition No.25 of 1990. The learned Counsel for the appellant submits
that the notice of motion was taken out for condonation of delay of 23 years and 240 days in terms of prayer clause (a) and another delay of 11
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years and 90 days in terms of prayer clause (b).
Motion no.455 of 2018 does not survive, it is disposed of.
(G.S.KULKARNI, J.) (NARESH H. PATIL, J.)
2 issues framed by the court
Whether the condonation of delay regarding a delay of over 34 years in filing a notice of motion is permissible.
Whether the Single Judge committed perversity in dismissing the notice of motion due to unexplained abnormal delay.
MANJUBEN CHHAGANLAL JOGI
RAMNIKLAL AMRTLAL PADIA AND ORS
NARESH H. PATIL
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
