MAHESHBHAI Vs. ADAMBHAI MEMABHAI MUMAN

JUDGEMENT

(1.) Here in this matter, the applicant has initially filed an appeal, which was dismissed for want of prosecution as the objections were not removed. Thereafter, the applicant has filed application for condonation of delay being Civil Application no.938 of 2020 occurred in filing the appeal.

(2.) However prior to that, Civil Application no.2367 of 2019 for delay in Misc. Civil Application no.1 of 2019 was also filed by the applicant to permit him to file an appeal as an indigent person. Inadvertently, on 6/1/2020, the co-ordinate Bench of this Court dismissed the Civil Application for condonation of delay in filing the appeal. However, the application for delay in pursuing the appeal as an indigent person, though the delay was not condoned in respect to the appeal to be registered, the number was given C.A. no.2367 of 2019 and subsequently, the application for filing the appeal as an indigent person was also rejected accordingly in view of the dismissal of the delay condonation application.

(3.) The department placed a note indicating that delay in filing the appeal was numbered as Civil Application no.938 of 2020, but the number written as Civil Application no.2367 of 2019, which is also a delay application for filing the appeal as an indigent person and the same was disposed of along with the MCA for filing the appeal as an indigent person. Whereas, Civil Application no.938 of 2020 i.e. the main delay application in filing the appeal was survived. As such, this is technical error, which has occurred. However, this technical error does not have any impact upon the fact that the MCA for filing the appeal as indigent person was filed along with the delay application, wherein delay was 2833 days and at the same time, the application for filing restoration application (for the main appeal) has a delay of 2803 days. The co- ordinate Bench has after application of mind decided the application for condonation of delay in negative denying relief to the applicant, but the number was mentioned different. As such, the observation made in the order dated 6 th January, 2020 do apply to the facts of the Civil Application no.938 of 2020 or Civil Application no.2367 of 2019 and when this Court is not inclined to grant condonation of delay in filing the restoration, no case is made-out to allow the delay of 2833 days in permitting the applicant to file an appeal as indigent person. Moreover, the main application filed for indigent person is disposed of. To sum-up the entire proceedings, which has started from the delay condonation application being Civil Application no.2367 of 2019, when decided against the applicant, nothing survives in the matter and the entire matter i.e. Civil Application no.2367 of 2019, Misc. Civil Application no.1 of 2019 and Civil Application no.938 of 2020 stands disposed of accordingly.