Bombay High Court
Prithipal Singh Gurdit Singh Anand ... vs The Tribhuwan Apartment Flat Owners ... on 7 May, 2026
1 60-SA-184-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
SECOND APPEAL NO. 184 OF 2026
SHRI PRITHIPAL SINGH S/O GURDIT SINGH ANAND (DECEASED) THROUGH HIS LEGAL
REPRESENTATIVE SHRI KANWARJIT SINGH S/O LATE PRITHIPAL SINGH ANAND
Vrs.
THE TRIBHUWAN APARTMENT FLAT OWNERS ASSOCIATION, NAGPUR AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri S. S. Ghate, Advocate for applicant/appellant.
CORAM: Y. G. KHOBRAGADE, J.
DATE : 07/05/2026.
1. Heard Shri S. S. Ghate, learned counsel appearing for the appellant.
2. By the present appeal under Section 100 of the Code of Civil Procedure, the appellant takes exception to the order dated 21/02/2026 passed in Civil Misc. Application No.287/2010 by the learned District Judge-20, Nagpur and thereby declined the prayer for condonation of delay of 1131 days caused while lodging the appeal against ex-parte judgment and decree dated 02/01/2008 passed in RCS No.1552/2002 by the learned 23rd Joint Civil Judge, Junior Division, Nagpur.
3. Issue notice to the respondents, returnable on 18/06/2026.
4. The appellant is permitted to serve the respondents by speed post, in addition to regular mode of service.
2 60-SA-184-2026.odt CIVIL APPLICATION (CAS) NO. 571 OF 2026
5. By the present application, applicant is seeking stay to the effect, operation and execution of the impugned judgment and order dated 21/02/2026 passed in Civil Misc. Application No.287/2010 by the learned District Judge-20, Nagpur, thereby declined to condone the delay challenging the judgment and decree dated 02/01/2008 passed by the learned 23 rd Joint Civil Judge, Junior Division, Nagpur in RCS No.1552/2002.
6. Considering the nature of dispute involved in the case as well as the ex-parte judgment and decree, there shall be ad-interim relief in terms of Prayer Clause (ii) till next date.
[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 07/05/2026 18:19:26