(Passed on 30.08.2012)
Per Mr S M Shembole, Hon’ble Presiding Member
Appellant Smt Momina Khatum as well as her counsel Mr V M Linge are absent. However, respondents are also absent. On 04.10.2011 notice on delay condonation application was issued to the respondent but till today no report about service of notice is received. Hence, keep back.
Matter is recalled at 3.15 p.m. Nobody for the appellant as well as respondent appeared. On last date i.e. 24.08.2012 Adv.Mr Linge for the appellants sought time to file “No Instruction” Pursis on the ground that the appellant has not given him any instruction, etc. Hence, appeal was adjourned till today. But today appellant as well as her counsel Mr Linge are absent. No Pursis is also sent by Adv. Mr Linge. No steps are taken by the appellant to reissue notice to the respondent though no report of service of notice on delay condonation application to the respondent is received since 04.10.2011. Therefore, the appeal deserves to be dismissed in default.
Moreover, on perusal of record it reflects that delay condonation application is pending since the year 2010. On perusal of delay condonation application, it reflects that there was inordinate delay of more than 120 days. But no explanation appears to have been given for such inordinate delay. However, it is contended that the applicant / appellant was ailing and therefore, she could not file the appeal in time. Medical certificate Dr Dudhe is also produce to support such contention. But on perusal of this certificate, it creates doubt as to whether it is a genuine certificate or not. Because, though it is mentioned that applicant / appellant was suffering from malaria and she was advised for bed rest for the period from 02.10.2011 to 30.11.2010, in our view, no bed rest is required for such long period of two months. Even if, the applicant was advised for bed rest for two months period, no explanation is given for further two months period. Therefore, we find no just & reasonable ground to condone such inordinate delay. Hence, on this ground also the appeal deserves to be dismissed in default.
Any how, since the appeal as well as her counsel are absent the appeal is dismissed in default.
No order as to cost.
Copy of this order be supplied to the parties.
