Babita Wd/O Ashok Duge v. Ramji Keshav Duge, (Since Deceased), Thr. His Lrs. and Another
Case brief
What is this about?
Condonation of 134-day delay in filing appeal under Section 383, Indian Succession Act 1925 against revocation-of-succession-certificate order in MJC No.113/2019; rejection of Exhibit-1 application in Civil Misc. Application No.46/2023 by Principal District Judge, Gadchiroli (dated 21.06.2024) quashed; Bombay High Court, Nagpur Bench, Writ Petition No.4875 of 2024, decided January 27, 2025 by Smt. M.S. Jawalkar, J.; reasons for delay: petitioner employed as Talathi at naxal-affected Etapalli, Gram-Panchayat election duty, leave refused, transportation problems, initial misdirection to High Court; principles: no need to explain day-to-day delay, liberal consideration, judicial note of naxalite area permissible; Registrar directed to register appeal; respondents served but none appeared.
What did the court decide?
Writ Petition allowed; impugned order dated 21.06.2024 of the learned Principal District Judge, Gadchiroli (below Exhibit-1 in Civil Misc. Application No.46/2023) quashed and set aside; the delay of 134 days in filing the appeal condoned; the Registrar, District Court, Gadchiroli directed to register the Appeal and place it before the learned Principal District Judge for further orders.