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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KAMAL KHATA
Nirlon Limited – Appellant
Versus
Janhavi Sitaram Desai – Respondent
| Table of Content |
|---|
| 1. title perfected by purchase, mutation, long possession. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. no reasons for delay condonation violates natural justice. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. liberal sufficient cause advances substantial justice. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. vendors cannot claim gaps in sold lands. (Para 27 , 28) |
| 5. quasi-judicial orders must record reasons. (Para 29 , 30 , 31 , 32 , 33) |
| 6. inordinate unexplained delay not condonable. (Para 34 , 35 , 36 , 37 , 38) |
| 7. delay condonation prerequisite for jurisdiction. (Para 39 , 40) |
| 8. writ lies for natural justice, jurisdictional errors. (Para 41 , 42 , 43) |
| 9. malafide claims abuse process; impose costs. (Para 44 , 45 , 46) |
| 10. impugned order quashed with costs. (Para 47 , 48) |
JUDGEMENT :
KAMAL KHATA, J.
1. By the present Writ Petition, the Petitioner challenges the Order dated 8th April 2024 ("impugned Order") passed by the Additional Commissioner Konkan Division ("Respondent No. 4") in Appeal /DESK/LND/59/2023 ("the Appeal") along with the Application for condonation of delay ("delay application") whereby the Respondent No. 4 condoned delay of 13 years and 07 months and
Failure to record reasons for condoning inordinate unexplained delay violates natural justice; constitutes jurisdictional error warranting writ interference under Article 226 despite alternate remedy....
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
The court emphasized that delay in filing a restoration application undermines the right to challenge prior orders, reinforcing the principle that the law of limitation must be strictly applied.
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