SHUBHASH SADASHIV RISBUD Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) An application for condonation of delay was made vide Miscellaneous application no.1084 of 2007 in filing appeal against judgment and decree dated 26.9.2007 by Mr.Ramesh Chimanlal Shah and Ms.Sindhu Gajanan Pradhan, in which party in person Mr.Sharad Sadashiv Risbud was one of the respondents. The said application was allowed on costs of Rs.10,000/- by condoning delay of 10 days. The petitioner, party in person feels that the order is criminal misconduct on the part of the learned District Judge 13, Pune.

(2.) Party in person arduously made submission to point how the learned District Judge erred in condoning delay precisely when the decree should have been drawn on 26.9.2007 itself as the judgment was delivered on that date. According to the party in person, even if the judges are protected under Section 3 of the Judges (Protection)Act,1985, however, the order is tantamount to criminal misconduct on the part of the learned Judge and warrants action.

(3.) In application for condonation of delay, the learned Judge observed that the adversaries (Mr.Shah and Mrs.Pradhan) were aged, infirm and could not prosecute the matter diligently. The learned Judge believed statement of adversary wherein Ramesh Shah has stated that there is no one to look after them.