SADHANA S.NARVEKAR Vs. SANJAY NARVEKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally at the stage of admission itself with the consent of parties.

(2.) The challenge in the present Petition is to the rejection of the Application for condonation of delay in filing Appeal thereby challenging two orders, firstly, the order dtd. 16/10/2014 and secondly, the order dtd. 1/2/2018.

(3.) Learned Counsel Mr. Sardesai appearing for the Petitioner would submit that by rejecting the Application for condonation of delay, the learned Trial Court has foreclosed the opportunity of the Petitioner to challenge the orders, even though, there is no malafide attempt on the part of the Petitioner to file an Appeal with a delay of three years. He submits that the Appeal challenges the orders, one passed in 2014 and the second one in 2018. The first Appellate Court in the impugned order dtd. 19/10/2022 only discussed about the delay in filing the Appeal challenging the order dtd. 16/10/2014, however, there is no discussion regarding the delay of only a few days thereby challenging the order dtd. 1/2/2018.