Bombay High Court
Shri Atul Digambar Kulkarni vs Arun Gajanan Kasabe And Ors on 27 November, 2018
Author: R. G. Ketkar
Bench: Rajesh G. Ketkar
WP3749_17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3749 OF 2017
(Atul Digambar Kulkarni Vs. Arun Gajanan Kasabe and others)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
appearances,Court's
orders, or directions,
and Registrar's Orders
Ms Sucheta D. Ghaisas for Petitioner.
CORAM : R. G. KETKAR, J.
DATE : 27TH NOVEMBER, 2018 P.C.:
Heard Ms Ghaisas, learned Counsel for the petitioner.
2. Leave to annex impugned order dated 26.09.2016 passed by the Additional Commissioner, Pune Division, Pune is granted. Amendment shall be carried out on or before 30.11.2018.
3. By the impugned order, the Additional Commissioner has rejected the application for condonation of delay of 32 days in bringing the legal representatives of respondent No.7 on record. Ms Ghaisas submitted that if the period of 90 days is computed from the date of death of the 7th respondent, the delay will be 32 days and if the delay is computed from acquiring the knowledge in that event, there won't be any delay. She relied upon the decision in Keshao Vs. State of Maharashtra, 2005 (1) 1/2 ::: Uploaded on - 28/11/2018 ::: Downloaded on - 30/12/2018 09:13:24 ::: WP3749_17.doc Mh.L.J.1059 to contend that the delay in taking out application has to be computed from the date of knowledge of the death of a party.
4. In view thereof, issue notice to the respondents, returnable on 08.01.2019. Notice to indicate that subject to the time constraint and convenience of the Court, Petition may be disposed of finally at the stage of admission. Notice shall further indicate that despite service if respondents fail to appear, the Court may decide the Petition on its own merits. Till next date, there shall be ad- interim order in terms of prayer clause (f).
(R. G. KETKAR, J.) Minal Parab 2/2 ::: Uploaded on - 28/11/2018 ::: Downloaded on - 30/12/2018 09:13:24 :::