High Court at Nagpur condoned delay of 841 days in filing a First Appeal in a Public Trust matter. The court found the delay was bonafide due to the appellants' recent discovery of family trust property.
Delay of 841 days in filing First Appeal is condoned and Registry is directed to register the appeal.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 1818 OF 2021
IN
FIRST APPEAL (ST.) NO. 10847 OF 2021
VIJAYA WD/O. MADHUKAR DURGE AND ORS.
...VERSUS…
SHRI BHARAT S/O. DATTATRAY JOG AND ORS.
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri Anil Sonare, Advocate for appellants/applicants.
CORAM : SMT. M. S. JAWALKAR,J.
DATE : 16th JUNE , 2023
The present application is filed by the appellants/applicants for condonation of delay in filing First Appeal.
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agricultural property. During the lifetime of Jankibai, there were proceedings initiated for framing of scheme and also for appointment of Trustees before Charity Commissioner, Nagpur and vide order dated 22/08/1974, the Trustees came to be appointed. The widow Jankibai Durge died in the year 1987 and as such, after her death, son Vinayak Durge was looking after the Trust being elder son of Govindrao Durge. The said Vinayak married with Sarojani and after her death, he had performed second marriage with Sulbha Jog in the year 1985. The said Sulbha Jog was divorcee and also having one son by name Bharat Jog from her first husband. As such, Bharat Jog was not having any connection with the Trust. In spite of this position, keeping in dark all the members, he obtained the order from Charity Commissioner.
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FIRST APPEAL (ST.) NO. 10847 OF 2021
Issue notice to the respondents, returnable within three
weeks.
(Smt. M.S. Jawalkar, J.)
B.T.Khapekar
2 issues framed by the court
Whether the delay of 841 days in filing the First Appeal deserves condonation?
Whether the reasons of discovering the Trust property constitute bona fide justification for delay?
Vijaya W/D/O Madhukar Durge and Ors.
Shri Bharat S/O Dattatray Jog and Ors.
M. S. Jawalkar
B. T. Khapekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
