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2006 Supreme(Bom) 1621

R.M.S.KHANDEPARKAR
Waghjai Devi Endowment Trust, Kusgaon – Appellant
Versus
Sanjiv Kashinath Yare – Respondent


JUDGMENT:- In these three petitions common questions of law and facts arise and, therefore, they were heard together and are being disposed of by this common Judgment.

2. Rule. By consent, rule made returnable forthwith.

3. In all these three petitions the petitioners challenge the orders passed by the Appellate Authority rejecting the applications for condonation of delay in filing the appeals. In Writ Petition No.5890 of2006, there was a delay of 2 years and 10 months in filing the appeal. In Writ Petition No.5887 of 2006, the delay was of 83 days in filing the appeal. In Writ Petition No.5891 of 2006, the delay was of 3 months and 6 days in filing the appeal.

4. In Writ Petition Nos.5890 and 5891 of 2006, the petitioners had filed the applications for condonation of delay on the ground that the applicant was employed as a driver in Government service and he could not get the necessary leave as also he had no knowledge about the provisions of law and that, therefore, there was delay as stated above in filing the appeals. In Writ Petition No.5887 of 2006 the applicant has filed the application for condonation of delay on the ground that the applicant was suffering from asthma and had















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