Prahladsingh Ramkhilavansingh ... vs Sudhir J. Bhalekar And Anr on 17 November, 2021

[Cites 0, Cited by 0]

Bombay High Court

Prahladsingh Ramkhilavansingh ... vs Sudhir J. Bhalekar And Anr on 17 November, 2021

Bench: N. J. Jamadar

70-ia-725-2021-in-fast-2477-2021-aw-ia-726-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 725 OF 2021
IN
FIRST APPEAL (ST) NO. 2477 OF 2021

ALONG WITH
INTERIM APPLICATION NO. 726 OF 2021
(FOR INJUNCTION)

Prahladsingh Ramkhilavansingh
(Since Deceased)
Through his Heir and legal representative
Savitri Wd/o Surender Singh Prahladsingh ...Applicant
/Appellant
vs.
Shri Sudhir J. Bhalekar & Anr. ...Respondents

Ms. Asha M. Bhambwani, for the Applicant/Appellant.
Ms. Kavita A. Shah for the Respondent No.2.

CORAM : N. J. JAMADAR, J.
DATE : 17th NOVEMBER, 2021

P.C.:

1. Heard the learned counsel for the applicant and learned

counsel for respondent No.2.

2. This application is preferred to condone the delay of 50

days in preferring the appeal against the Judgment and Decree

dated 19th October, 2019 in S.C. Suit No.3856 of 1999 passed by the

learned Judge, City Civil Court, Mumbai.

3. The primary reason assigned in the application for delay
Digitally
signed by in preferring the appeal is that the appellant being a senior citizen
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2021.11.18
16:47:34
+0530
Sajakali Jamadar ...1
70-ia-725-2021-in-fast-2477-2021-aw-ia-726-2021.doc

could not contact her advocate and give necessary instructions to

file the appeal.

4. The learned counsel for the respondent No.2 resisted the

prayer in the application on the ground that, certified copies of the

impugned Judgment and Decree were made available to the

applicant much before the imposition of the lockdown on account of

COVID-19 pandemic.

5. The applicant has ascribed justifiable reasons in the

application to make out sufficient cause for condonation of delay. It

is trite that the application for condonation of delay should receive

liberal consideration so as to advance the cause of substantive

justice. It does not appear that there is deliberate inaction or want

of bonafide. The period of delay is also not huge. In the totality of

the circumstances, it would be expedient in the interest of justice to

condone the delay so as to provide an opportunity to the appellant

to call in question legality, propriety and correctness of the

impugned Judgment and Decree on merits. Hence, the following

order.

ORDER

1] The application stands allowed in terms of prayer clause (a).


              2]        The delay in preferring the appeal against the


Sajakali Jamadar                                                                              ...2

70-ia-725-2021-in-fast-2477-2021-aw-ia-726-2021.doc judgment and order dated 19 th October, 2019 stands condoned.

3] Interim Application No.725 of 2021 stands disposed of.

4] Appeal be registered and listed "For Admission" on 8th December, 2021.




                                           (N. J. JAMADAR, J.)




Sajakali Jamadar                                                                           ...3

Unlock Advanced Research with PRISMAI

Bombay High Court