NANDRYA AKAHTYA GAVIT Vs. PRABATABAI KOMAN GAVIT

JUDGEMENT

(1.) This application has been moved for condonation of delay of 2919 days and then to bring on record legal representatives of the deceased respondent.

(2.) The writ petition has been filed challenging the order dated 07.01.2006, passed by the Ad-hoc Additional District Judge, Nandurbar in Miscellaneous Civil Application No.15 of 2004.

(3.) The applicants-petitioners are the original defendants in Regular Civil Suit No.55/1995 filed by the respondent (deceased) in the Court of Civil Judge, Junior Division, Navapur. The suit has been decreed. The applicants-petitioners, therefore, preferred an appeal against the judgment and decree passed in the said suit. Since there is delay in filing the appeal, application for condonation of delay was filed along with the appeal. Learned Additional District Judge was pleased to allowed the application subject to payment of costs of Rs.100/-. Since there was delay in depositing the costs, the petitioners filed Misc. Civil Application No.15/2004 for condonation of delay and permission to deposit the costs. Learned Judge was pleased to reject the said application. The petitioners therefore preferred the present writ petition.