| First Appeal No. A/08/525 | | (Arisen out of Order Dated null in Case No. CC/06/70 of District Raigarh) |
| | | | 1. SHRI JAYWANT KHANDERAO KENI | | M/S.EKVEERA DARSHAN VASTU VIKAS,122,K.M.KENI HOUSE,BHANDARWADA,MALAD (W) MUMBAI 64 | | MUMBAI | | Maharastra |
| ...........Appellant(s) | | Versus | | 1. SHRI BALKRISHNA G.VARTAK | | AND OTHERS 4,FLAT NO.001,EJVERA DARSHAN,PLOT NO.30,GROUND FLOOR,SECTOR-10,KHANDA COLONY,NEW PANVEL (W) DIST RAIGAD | | RAIGAD | | Maharastra | | 2. Shri. Shyam S. Kondhalkar | | Flat No. 101, Ekveera Darshan, Plot No. 30, First Floor, Sector - 10, Khanda Colony, New Panvel (West) | | Maharashtra | | 3. Shri. Rahim Khan Maula Shaikh | | Flat No. 102, Ekveera Darshan, Plot No. 30, First Floor, Sector - 10, Khanda Colony, New Panvel (West) | | Mumbai | | 4. Shri. Pandurang N. Mandhare | | Flat No. 201, Ekveera Darshan, Plot No. 30, First Floor, Sector 10, Khanda Colony, New Panvel (West) | | Maharashtra | | 5. Shri. Dilip Bhopi | | Flat No. 301, Ekveera Darshan, Plot No. 30, First Floor, Sector - 10, Khanda Colony, New Panvel (West) | | Maharashtra |
| ...........Respondent(s) |
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| ORDER | Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member There is delay of 32 days in filing this appeal. Therefore, Misc. Appl. No.763/2008 for condonation of delay is filed. Delay is not properly explained by the applicant/appellant in condonation of delay application supported by the affidavit. It is simply mentioned in Para 9 that the delay of 32 days caused in filing this appeal was not intentional or deliberate, but same was because of ignorance of law of applicant. Ignorance of law by the applicant cannot be a good excuse for condoning the delay. In fact he should have stated some facts to explain how there was delay of 32 days in filing appeal. Instead of doing so, applicant is throwing blame on his ignorance of law, but we reiterate that ignorance of law is no excuse which could be legally put forward by the applicant to seek condonation of delay. We are inclined to simply reject the said application. As such, we pass the following order :- -: ORDER :- 1. Misc. Appl. No.763/2008 for condonation of delay stands rejected. 2. Consequently, Appeal No.525/2008 does not survive for consideration. 3. No order as to costs. 4. Copies of the order be furnished to the parties. | |
