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BOMBAY HIGH COURT
VIJAY PANDHARINATH SURYWANSHI – Appellant
Versus
BALASAHEB PANDHARINATH SURYWANSHI AND ORS. – Respondent
ORDER :
(S.G. CHAPALGAONKAR, J.)
1. The applicant seeks to condone the delay of 1541 days caused in filing Second Appeal against judgment and decree dated 02.05.2017 passed by District Judge, Latur in Regular Civil Appeal No.149/2013.
2. Heard Mr. V. D. Salunke, learned Advocate appearing for the appellant and Mr. R. D. Biradar, learned Advocate appearing for respondent Nos.1 to 5.
3. The learned Advocate appearing for the applicant submits that the applicant is original defendant no.3 in Regular Civil Suit No.522/2011. The respondent/plaintiff had instituted suit seeking decree of partition and separate possession against the defendant in respect of land survey No.212 admeasuring 6H 59R and survey No.215/2/C admeasuring 02H 87R situated at Nagarsoga and survey No.217 admeasuring 02H 41R situated at Davatpur, Taluka Ausa.
4. The Trial Court was pleased to decree the suit on 02.05.2013, thereby granting 1/9th share each in the suit properties to the plaintiff and defendants. The applicant/defendant filed Regular Civil Suit Appeal No.149 of 2013 before District Judge, Latur, which has been dismissed on 02.05.2017. The applicant had no knowledge of the judgment and decree passed by the App
Ignorance of a decree does not constitute sufficient cause for condoning a significant delay in filing an appeal, especially when the applicant had legal representation.
Application seeking condonation of delay is to be decided while taking liberal view subject to explanation given by appellant more particularly when even there is not any inordinate delay.
Delay in filing an appeal must be adequately explained; ignorance or counsel's inaction are insufficient grounds to condone significant delay.
The law of limitation must be applied rigidly, and a significant delay in filing appeals cannot be condoned without adequate and credible justification.
Vague explanations do not suffice for condonation of delay; a sufficient cause must be established for delay in filing appeals.
The Court emphasized that mere allegations against counsel do not suffice as adequate explanation for a lengthy delay in filing appeals; adherence to statute of limitations is critical.
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