RAHUL SAMBHU KABADE Vs. SUBHASHSINGH SURAJSINGH THAKUR

JUDGEMENT

(1.) Civil Application No.4334 of 2016 is taken out by the applicant/ appellant seeking condonation of delay of 203 days (in the application, the delay is mentioned as 176 days). The learned counsel for the applicant/ appellant to amend the prayer clause forthwith mentioning 203 days. If the prayer clause is not amended forthwith, the application will be dismissed on this ground itself.

(2.) The reason for the delay of 203 days is mentioned in paragraphs 3 to 16 of the application. Briefly, the reason states that the advocate who was engaged to handle the matter did not attend the matter nor the said advocate responded to various calls made by the applicant. The applicant states that on enquiry with few friends, he came to know from the website of the District Court that the suit is already decided. Thereafter, the applicant approached the advocate who advised him to file a review and on being informed that the review is not maintainable, it was decided to file an appeal to the High Court. The applicants lost trust in the advocate and, therefore, filed the appeal through another advocate. In the civil application allegations are made against the advocate to justify the delay.

(3.) Learned counsel for the applicant relies upon the decision of this Court in the case of Gautam Dham Co-operative Housing Society Limited Vs. Funds and Properties of Parsi Panchayat and Ors. 2025 SCC OnLine Bom 3326 in support of his prayer seeking condonation.