LEELA FONDU MAYEKAR Vs. DAMODAR DATTA ZUWARKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with the consent of the learned Counsel for the parties.

(2.) By this petition, the petitioners have challenged the legality and propriety of the order dated 1/07/2013 passed in Civil Misc. Application No.30/2013 by Adhoc District Judge 1 (FTC), Panaji. The petitioners filed an application for condonation of delay, which was of 400 days, which occurred in preferring an appeal against the order dated 30/11/2011, passed in Regular Civil Suit No.42/2011/C by Civil Judge Junior Division, Panaji.

(3.) It was urged by the petitioners that petitioner no.4 was the only conversant party in the matter and as he suffered a paralytic stroke on 9/12/2011, i.e. immediately after passing of the order dated 30/11/2011, which was followed by a heart attack in March, 2012, for which ailments, the conversant party was on continuous medical treatment, he could not take a decision about preferring of the appeal. It was also submitted by him that having regard to his delicate health condition, his family members also avoided to speak to him about the litigations pending in the Courts of law. He submitted that as his health condition improved and stabilised he decided to prefer an appeal in the matter. The petitioner therefore submitted that the delay occurred in preferring of the appeal be condoned.