Disposed

Smt. Kausalya Laxman Kedare v. Chabu Mangaji Gajankush Decd Thru Lhrs

Bombay HC17 Jan 2024WP/508/2020

Case brief

AI extract

What is this about?

Writ petition challenging rejection of delay-condonation application for restoration of a dismissed civil appeal in an arrears-of-rent matter. Court found the petitioner's explanation sufficient, condoned the delay, restored the appeal for hearing on merits within four months, and stayed the trial court decree meanwhile.

What did the court decide?

Impugned orders dated 9 October 2019 and 26 October 2016 quashed; delay condoned; Civil Appeal No. 187 of 2012 restored and directed to be heard within four months; trial court decree stayed.

Smt. Kausalya Laxman Kedare Vs Chabu Mangaji Gajankush… — Property and Title | Bombay HC (2024)

¶1

KVM

¶2

1/4

¶3

906 - WP 508 OF 2020.doc

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶5

KANCHAN Digitally signed byKANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.01.2211:51:50 +0530

¶6

CIVIL APPELLATE JURISDICTION

¶7

WRIT PETITION NO. 508 OF 2020

¶8

Kausalya Laxman Kedare….. Petitioner
VERSUS
Chabu Mangaji Gajankush,
(since deceased Thru Legal heirs)
Papabai Chabu Ankush & Ors. ….. Respondents

¶9

Mr.Chetan S. Damre for the Petitioner.

¶10

Mr.Amol Wagh i/b. Ms.Chaitali Bhogle for the Respondent Nos. 1,
2, 4, 6 to 9.

¶11

CORAM: RAJESH S. PATIL, J.

¶12

 DATE : 17 JANUARY, 2024

¶13

P.C. :-

¶14

RULE. By consent, Rule made returnable forthwith.

¶15

2. This writ petition is filed challenging an order dated 9

¶16

October, 2019 passed below Ex.1 by the District Judge,
Malegaon, District Nashik in Miscellaneous Civil Application No.
64 of 2017. The said Miscellaneous Civil Application was filed
for seeking condonation of delay in filing application for
restoration of Appeal No. 187 of 2012.

¶17

3. It is the case of the petitioner that she is a rustic villager

¶18

KVM

¶19

2/4

¶20

906 - WP 508 OF 2020.doc

¶21

and she has to move from one place to another and to stay at
different villages to earn her daily bread and butter as she has no
help from any of her distant relatives. She further submits that
she was not in contact with her advocate whom she believed,
would take care of her appeal pending before the District Court.
Only after she got knowledge about the dismissal of the appeal,
she contacted her present advocate who filed application for
restoration of appeal along with delay condonation application.
She further stated that she has good case of merits.

¶22

4.Learned counsel appearing for the landlord submits that
the suit was decreed under the grounds of arrears of rent. He
submits that there is no merit in the appeal filed by the original
claimant. He further submits that advocate appearing for the
petitioner has given no reason for not appearing in the appeal for
such a long time. He, therefore, opposes this petition.

¶23

5. Heard and gone through the contents of the application for condonation of delay filed before the District Court.

¶24

KVM

¶25

3/4

¶26

906 - WP 508 OF 2020.doc

¶27

6. Hence, the delay requires to be condoned in filing appeal

¶28

before the District Court.

¶29

7.Rule is made absolute and the writ petition is disposed of
with following directions :-

¶30

(a)The impugned judgments and order dated 9
October, 2019 passed in Miscellaneous Civil
Application No. 64 of 2017, is quashed and set
aside.

¶31

(b)Miscellaneous Civil Application No. 64 of
2017 is allowed. The impugned judgment and
order dated 26 October, 2016, is quashed and set
aside.

¶32

(c) The District Court should take Civil Appeal
no. 187 of 2012 on file and hear the same on its
merits. Since this Court has not decided the
matter on merits of the civil appeal, Civil Appeal

¶33

KVM

¶34

4/4

¶35

906 - WP 508 OF 2020.doc

¶36

No. 187 of 2012 be decided on its own merits. All
contentions of parties are kept open.

¶37

(d)The District Court, Malegaon should make an
endevour to hear and dispose of the Civil Appeal
No. 187 of 2012 as expeditiously as possible and
in any case within a period of four months after
receipt of the order of this Court.

¶38

(e)Till the hearing and disposal of the Civil
Appeal No. 187 of 2012, the impugned judgment
and decree passed by the Trial Court is stayed.

¶39

[RAJESH S. PATIL, J.]

Smt. Kausalya Laxman Kedare v. Chabu Mangaji Gajankush Decd Thru Lhrs

Case brief

What is this about?

What did the court decide?

Smt. Kausalya Laxman Kedare v. Chabu Mangaji Gajankush Decd Thru Lhrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri. Makbul Mehebub Khan Vs the State of Maharashtra and Ors.

Malati Anandrao Chavan Vs Gunendra Shahupal Sangaj and Anr.

Neelkanth Mansions and Infrastructure Pvt. Ltd., through Their Nominees Vs Rajesh Kantilal Patel and Anr.

Shankar Jayram Haldankar Since Deceased through Lrs. vs State of Maharashtra through Govt. Pleader

Akhil Deshastha Rigwedi Brahman Madyawarti Mandal Mumbai and Ors. Vs Sankalp Suresh Patil

Abdul Rahim B. Attar and Others Vs Mr. Rustom Savaksha