Case Note & Summary
The case involves a civil application filed by the applicants seeking condonation of delay in preferring a Letters Patent Appeal against an order passed in Writ Petition No. 3449 of 2006. The original appellant, Dilip s/o Bayaram Choudhary, had died and was represented through his legal representatives. The respondents included Punjabrao Krishi Vidyapeth, Akola, and others. The Court, after hearing the advocates for both sides, found the reasons stated in the application sufficient and condoned the delay. The order was passed by a Division Bench of the Bombay High Court at Nagpur on 13th January 2010.
Headnote
A) Condonation of Delay - Letters Patent Appeal - Limitation - The Court considered an application for condonation of delay in filing a Letters Patent Appeal against an order in a writ petition. The Court found sufficient cause shown and condoned the delay. (Para 1)
Issue of Consideration
Whether the delay in preferring the Letters Patent Appeal should be condoned.
Final Decision
Delay caused in preferring Letters Patent Appeal is condoned.
Law Points
- Condonation of delay
- Letters Patent Appeal
- Limitation
Case Details
2010 LawText (BOM) (01) 31
Civil Application No. 3096 of 2007 in L.P.A. St. No. 2650 of 2007 in W.P. No. 3449 of 2006 (D)
A.H. Joshi, R. K. Deshpande
Shri A. D. Sonak for applicants, Shri R. Y. Rajkarne for respondents no.2,4 & 5, Shri V. G. Wankhade for respondent no.1 & 3
Dilip s/o Bayaram Choudhary (Dead) through L.R.'s
Punjabrao Krishi Vidyapeth, Akola and Others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil application for condonation of delay in filing Letters Patent Appeal
Remedy Sought
Condonation of delay in preferring the Letters Patent Appeal
Filing Reason
Delay occurred in filing the appeal
Previous Decisions
Order in Writ Petition No. 3449 of 2006 (D) is the subject of the proposed appeal
Issues
Whether the delay in filing the Letters Patent Appeal should be condoned
Submissions/Arguments
Reasons stated in the application were considered sufficient by the Court
Ratio Decidendi
The Court found sufficient cause shown in the application for condonation of delay and condoned the delay.
Judgment Excerpts
For the reasons stated in the application, delay caused in preferring Letters Patent Appeal is condoned.
Procedural History
The applicants filed Civil Application No. 3096 of 2007 seeking condonation of delay in filing Letters Patent Appeal against an order in Writ Petition No. 3449 of 2006 (D). The application was heard by a Division Bench on 13th January 2010 and allowed.
