RAMESH RAMCHANDRA PAWAR Vs. JAISON DIAS

JUDGEMENT

(1.) This is an application for condonation of 946 days delay in filing a First Appeal against the judgment and decree dtd. 30/6/2020, passed by the District Judge I, North Goa, Panaji, in Civil Suit No.51 of 2007. The application for condonation of delay has been filed by the Original Defendant No.1 in the suit. After notice was issued to the Respondent No.1, the Original Plaintiff in the suit, an affidavit in reply 19/11/2025 MCA-77-2025.docx came to be filed, to oppose the application. According to the affidavit in reply, the Respondent No.1 avers that the statements made in the application are factually false and the delay is wholly unexplained.

(2.) Heard Mr. P. Shirdodkar h/f. Ms.Annelise Fernandes and Mr. K.H. Naik, learned Advocates for the Applicants, Mr. Aurobindo Gomes Pereira, learned Advocate for Respondent No.1 and Mr. B. Fatarpekar, learned Advocate for Respondent No.18.

(3.) Learned Advocate for the Applicant, had taken me through the averments made in the application and the supporting documents. The main contention raised by the applicant to justify the delay of 946 days is that, the wife of the Applicant was suffering from breast cancer and was undergoing treatment in various hospitals, prior to the passing of the impugned decree and thereafter; it is the applicant's contention that he was unable to file the appeal during this period and had no knowledge of the passing of the decree, since the Advocate appearing for the applicant did not inform him of the passing of the decree. The decree sets aside a Deed of Sale dtd. 7/6/2005 by which, according to the claim of the applicant the Original Defendant No.2 transferred the suit plot as attorney of the Original owners of the land to the applicant. The Trial Court has held that the Deed of Sale dtd. 7/6/2005, in favour of the Defendant No.1 /applicant herein, is null and void and as a consequence has directed cancellation of the Deed and demolition of the structure erected on the said plot as being illegal and without any license. An Execution application bearing No.73 of 2024 is pending before the Court of the Additional District Judge-I, Merces wherein certain directions had been issued in execution to the authorities for carrying out the demolition of the structure of defendant No.1/applicant, existing on the suit property.