Case Note & Summary
The petitioner, Vasant Vithal Gawand, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 28.07.2015 passed by the Learned District Judge-2, Raigad Alibag. By that order, the District Judge allowed Civil Misc. Application No.150 of 2014 and condoned the delay of 1 year and 2 months in filing the appeal, subject to payment of costs of Rs.15,000/- to the respondent. The suit in question was Special Civil Suit No.156 of 2010 filed by the petitioner for declaration, injunction, and possession regarding agricultural lands. During the pendency of the suit, the respondent No.2 purchased the lands from the original defendant No.1. The trial court decreed the suit in favor of the petitioner. The respondent No.2 filed an appeal against the decree, which was delayed by 1 year and 2 months. The District Judge condoned the delay on payment of costs. The petitioner argued that the delay was not properly explained and that the District Judge erred in condoning it. The High Court, after hearing both sides, found that the District Judge had adopted a liberal approach and that the delay was not inordinate. The court noted that the respondent No.2 had shown sufficient cause for the delay. The High Court dismissed the petition, holding that the order condoning delay was justified and that the costs imposed were adequate compensation to the petitioner.
Headnote
A) Civil Procedure - Condonation of Delay - Section 5 of Limitation Act, 1963 - Sufficient Cause - The court considered whether the delay of 1 year and 2 months in filing the appeal was sufficiently explained. The District Judge condoned the delay on payment of costs of Rs.15,000/-. The High Court held that the approach of the District Judge was liberal and the order was justified, as the delay was not inordinate and the appellant had shown sufficient cause. (Paras 1-5)
Issue of Consideration
Whether the learned District Judge was justified in condoning the delay of 1 year and 2 months in filing the appeal on payment of costs of Rs.15,000/-.
Final Decision
The High Court dismissed the writ petition, upholding the order of the District Judge condoning the delay on payment of costs of Rs.15,000/-.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach
- Limitation Act
- Section 5
- Costs
Case Details
2015 LawText (BOM) (10) 77
Writ Petition No.9929 of 2015
Mr. C. G. Gavnekar a/w Mr. A. C. Gavnekar, for the Petitioner; Ms. Gauri Godse i/by Mr. R. D. Joshi, for the Respondent No.2
Shantaram Tukaram Gawand (since deceased by his LR's) and Yatin Amrutlal Patel
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging an order condoning delay in filing an appeal.
Remedy Sought
The petitioner sought to quash the order dated 28.07.2015 passed by the District Judge condoning the delay of 1 year and 2 months in filing the appeal.
Filing Reason
The petitioner was aggrieved by the condonation of delay in filing the appeal by the respondent No.2 against the decree in Special Civil Suit No.156 of 2010.
Previous Decisions
The trial court decreed the suit in favor of the petitioner. The respondent No.2 filed an appeal which was delayed by 1 year and 2 months. The District Judge condoned the delay on payment of costs of Rs.15,000/-.
Issues
Whether the District Judge was justified in condoning the delay of 1 year and 2 months in filing the appeal.
Submissions/Arguments
The petitioner argued that the delay was not properly explained and that the District Judge erred in condoning it.
The respondent No.2 argued that the delay was due to bona fide reasons and that the District Judge correctly exercised discretion.
Ratio Decidendi
The court held that the District Judge adopted a liberal approach in condoning the delay, which was not inordinate, and that the costs imposed were adequate compensation to the petitioner. The order was justified and did not warrant interference under Article 227.
Judgment Excerpts
The Writ Jurisdiction of this Court is invoked against the order dated 28.07.2015 passed by the Learned District Judge2, Raigad Alibag, by which order the Civil Misc. Application No.150 of 2014 came to be allowed and resultantly, the delay of 1 year and 2 months in filing the Appeal came to be condoned albeit on the payment of costs of Rs.15,000/ to the Respondent No.1.
The approach of the Learned District Judge in the instant case is a liberal approach and the order passed by him condoning the delay cannot be said to be an order which is perverse or without jurisdiction.
Procedural History
The petitioner filed Special Civil Suit No.156 of 2010 for declaration, injunction, and possession. The suit was decreed. The respondent No.2 filed an appeal which was delayed by 1 year and 2 months. The respondent No.2 filed Civil Misc. Application No.150 of 2014 for condonation of delay. The District Judge allowed the application on 28.07.2015, condoning the delay on payment of costs of Rs.15,000/-. The petitioner challenged this order by filing Writ Petition No.9929 of 2015 in the High Court.
Acts & Sections
- Limitation Act, 1963: Section 5
