MILIND B. JADHAV Vs. USHA S. PATEL

JUDGEMENT

(1.) By the present Writ Petition, Petitioners have prayed for the following relief:

(2.) Petitioners are challenging the Order dtd. 3/1/2022 passed in Civil Miscellaneous Application No. 56 of 2018, passed by Learned District Judge-2, Kalyan rejecting their application for condonation of delay of 5 months and 23 days in filing the Civil Appeal for challenging the judgment and decree dtd. 15/11/2017 passed in R.C.S No. 193 of 2022 by the Learned 5th Jt. Civil Judge Senior Division, Kalyan. Though it appears that delay of 5 months and 23 days is not condoned, and one would look at the reasons given for the delay, the facts in the present case are shocking and serious.

(3.) Such of the relevant facts which are necessary for adjudication of the lis between the parties are as under: