M/S. AMAR BUILDERS THRU ITS PROPRIETOR vs MR. CHAMPALAL INDRARAJ SAND ALIAS RAHTEKAR AND ORS.

Judgment text excerpt

12-WP-13939-2018+.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13939 OF 2018 M/s. Amar Builders A Proprietory Firm through its Proprietor Amar H. Manjrekar …Petitioner Versus Champalal Indraraj Sand alias Rahtekar since deceased through legal heirs Hiralal Indraraj Sand alias Rahtekar & Ors. …Respondents Mr. Nachiket V. Khaladkar, Advocate, for the Petitioner. Mr. S. S. Kanetkar, Advocate, for the Respondents. CORAM: MADHAV J. JAMDAR, J. DATED : 27th JANUARY 2025 JUDGMENT: 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 4th 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 Page 1 of 30 Sonali 12-WP-13939-2018+.DOC 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 20th 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