The court affirmed that the Appellate Court has broad discretion to condone delays in filing cross-objections, especially when justified by unique circumstances such as prolonged stays and the death of parties involved.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. Heard Mr. Khaladkar, learned Counsel appearing for the Petitioner and Mr. Kanetkar, learned Counsel appearing for the Respondents.

2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 4^th August 2018 passed by the learned District Judge-5, Pune below Exhibit-54 in Civil Appeal No.9 of 2009. By the impugned order, Application filed for condonation of delay in preferring cross-objection in said Civil Appeal No.9 of 2009 has been dismissed.

3. Mr. Khaladkar, learned Counsel appearing for the Petitioner raised the following contentions:

i. Although apparently the delay is of 8 years, 8 months and 5 days, in fact, there is no delay as the Appeal was never taken up for hearing and for about 6 years the hearing of the said Appeal was stayed.

ii. The Appeal has been filed on 20^th December 2008 and along with the Appeal itself amendment Application bearing Exhibits-8 and 9 have been filed by the present Respondents (Appellants/Defendants) seeking amendment in the plaint as well as in the written statement to the counterclaim. Said Amendment Applications were allowed on 20^th April 2009. The said order was challenged by the present Petitioner i.e. Defendant by filing the Writ Petition No.9688 of 2010 and this Court granted stay to the hearing of the said Appeal. The said order dated 20^th April 2009 passed below Exhibit-8 and 9 in Civil Appeal No.9 of 2009 allowing amendment has been set aside by the High Court by the order dated 20^th July 2016. The Respondents filed SLP in the Supreme Court challenging the order dated 20^th July 2016 and the said SLP was dismissed on 16^th December 2016.

iii. In the meanwhile, as the Appellant No.1 passed away on 29^th September 2010 and Appellant No.2 passed away on 5^th August 2011, Applications were filed in said Civil Appeal No.9 of 2009 to bring on record heirs and the said Applications were allowed by the order dated 27^th July 2017.

iv. The amended Appeal memo was served on the Petitioners on11^th August 2017 and immediately on 7^th October 2017, cross-objections have been filed by the present Petitioners along with Application for condonation of delay.

v. He therefore, submitted that although the delay mentioned in the impugned order is of 8 years, 8 months and 5 days, in fact, there is no delay as the Appeal was never taken up for hearing. He submitted that hearing of the said Appeal was stayed for about 6 years and therefore, the impugned order passed by the learned Appellate Court of rejecting Delay Condonation Application in filing cross-objection is required to be quashed and set aside.

vi. Mr. Khaladkar, learned Counsel relied on the decision of a learned Single Judge in the case of State of Maharashtra vs.Kalu Ladku Mhatre, [2011 (6) All MR 242]

4. On the other hand, Mr. Kanetkar, learned Counsel appearing for the Respondents raised the following submissions:

i. The Application for amendment in the written statement to the counterclaim and to the plaint was allowed by the order dated 20^th April 2009. Amended written statement to the counterclaim has been filed before the Appellate Court on 30^th April 2009. On the very day, learned Advocate appearing for the Petitioner (i.e. Respondent before the Appellate Court) filed Application for allowing amendment in the written statement in view of amendment in the plaint and amendment in the written statement to thecounterclaim in view of amendment in the writte statement. It appears that on 26^th June 2009, an Application was filed bearing Exhibit-28 for framing issues and accordingly, the Appeal was adjourned for framing of issues, may be perhaps as the plaint and the counterclaim were allowed to be amended. Thereafter, the matter was adjourned from time to time for submission of the Paper-Book on 15^th September 2009, 28^th October 2009, 5^th December 2009, 6^th January 2010 and 9^th February 2010. He submitted that the Roznama of the learn