DHARMARAJ Vs. RUDRABAI

JUDGEMENT

(1.) By consent, heard both sides finally at admission stage.

(2.) Learned 3rd Joint Civil Judge Senior Division, Latur has decided Misc. Application No. 353 of 2014 filed by the other side for legal heir ship certificate ex parte. Though learned counsel for the respondents has vehemently submitted that the said order is not ex parte order and the petitioners herein have appeared in those proceedings, however, in the order passed by learned 3rd Joint Civil Judge Senior Division, Latur, I do not find any reference to the petitioners though the petitioners were party to the said proceedings. Apart from this, being aggrieved by the same, the petitioners preferred appeal before the District Court along with Civil Misc. Application (Delay) No. 194 of 2015 for condonation of delay. There was delay of 39 days caused in filing the appeal against the judgment and order of the 3rd Joint Civil Judge Senior Division, Latur in Misc. Application No. 353 of 2014 dated 29.07.2015. Learned District Judge-4,Latur, by the impugned order passed on 13.07.2016 below Exhibit 1 in Civil Misc. Application (Delay) No. 194 of 2015, has rejected the said application. Hence this Writ petition.

(3.) Learned counsel for the petitioners submits that learned District Judge-4, Latur has rejected the application seeking condonation of delay mainly on the ground that the appeal is not maintainable and therefore, the delay application too is not maintainable. Learned counsel submits that the entire approach of the District Judge is erroneous. Learned counsel submits that though learned District Judge has referred the provisions of Sections 390, 384 of the Indian Succession Act, 1925, however, learned District Judge has ignored the provisions of Section 388 of the Indian Succession Act, 1925.