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2023 Supreme(Bom) 289

MILIND N. JADHAV
Milind B. Jadhav – Appellant
Versus
Usha S. Patel – Respondent


Advocates:
Counsel for Appearing Parties
Tejesh Dande, Advocate, Vishal Navale, Advocate, Tejesh Dande, Advocate, Anjana Patel, Advocate

JUDGMENT

Milind N. Jadhav, J. - By the present Writ Petition, Petitioners have prayed for the following relief:

    'b. After considering the legality, validity and proprietary of the same, Writ of Certiorari or any other writ, order, or direction in the like nature may kindly be passed thereby quashing and setting aside the order dated 03.01.2022 passed in Civil Miscellaneous application No. 56 of 2018 passed by the Ld. District Judge-2, Kalyan and Civil Miscellaneous Application No.56 of 2018 may kindly be allowed;'

    2. Petitioners are challenging the Order dated 03.01.2022 passed in Civil Miscellaneous Application No. 56 of 2018, passed by Learned District Judge-2, Kalyan rejecting their application for condonation of delay of 5 months and 23 days in filing the Civil Appeal for challenging the judgment and decree dated 15.11.2017 passed in R.C.S No. 193 of 2022 by the Learned 5th Jt. Civil Judge Senior Division, Kalyan. Though it appears that delay of 5 months and 23 days is not condoned, and one would look at the reasons given for the delay, the facts in the present case are shocking and serious.

    3. Such of the relevant facts which are necessary for adjudication of the lis between the p

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