Petition challenged the SDO's condonation of a 30-year delay in filing an appeal without explanation. The court prima facie noted no explanation was given for condoning such a long delay, stayed proceedings before the SDO, and listed the petition for further hearing on 7 January 2025.
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22 Wp-13666-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13666 OF 2024
Bhagu Kondu Margale
Since deceased Thr. L.Rs. and Another.
...Petitioners.
Versus
Lakshman Kondiba Margale Since deceased Thr. L.Rs. and Others.
...Respondents.
Mr. Sujay S. Palshikar for the Petitioner. Ms. Savita prabhune, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh, J. Date : December 6, 2024.
P. C. :
1. Office noting indicates that service report of Respondent Nos. 1.1 to 6 and 9 is awaited. The private notice served by the Petitioner
shows that the contesting Respondent, namely, the Respondent No.
1.1 has been served.
2. Today none appears for the Respondents.
3. Learned counsel appearing for the Petitioner submits that the
SDO has condoned the delay of about 30 years in filing the appeal without sufficient explanation. He would further submit that the appeal is listed for hearing on merits and if the ad-interim relief is not granted, the petition will be rendered infructuous.
1 of 2
Patil-SR
22 Wp-13666-2024.doc
4. Prima facie , on perusal of the order it appears that there is no explanation for condonation of delay of 30 years.
5. In the light of above, list the petition for further consideration on 7th January 2025 . The proceedings before the SDO is stayed till the next date.
[Sharmila U. Deshmukh, J.]
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Patil-SR
Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 07/12/2024 16:34:31
1 issue framed by the court
Whether the SDO's condonation of a 30-year delay in filing the appeal without sufficient explanation was justified?
Bhagu Kondu Margale (since deceased thr. L.Rs.)
Another
Lakshman Kondiba Margale (since deceased thr. L.Rs.)
Others
Sharmila U. Deshmukh
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
