YAMUNABAI PUNDALIK KHACHANE Vs. VIJYA DYANANDEO INGALE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition takes an exception to the order passed by Additional District Judge, jalgaon below application Exh.-23 filed in Misc. Civil Application No. 98 of 2001, dated 21st april, 2005.

(3.) There is no dispute that respondent No. 1, in this writ petition, Smt. Vijaya had filed Special Civil Suit No. 222 of 1995 for partition and possession, in the Court of learned 3rd Joint Civil Judge, Sr. Division, jalgaon. Present petitioner was defendant No. 1 in that suit. Respondent Nos. 2, 3 and 4 were defendant Nos. 2 to 4 in the suit. This suit, after recording evidence, came to be decreed by the learned Civil Judge, Sr. Division, Jalgaon. The defendant No. I/petitioner filed first appeal under section 96 of the Code of Civil Procedure in the Court of learned District Judge, Jalgaon. The appeal was beyond the period of limitation and, therefore, application i. e. Misc. Civil application No. 98 of 2001, seeking condonation of delay of about 240 days, was filed. This application, after hearing the parties, came to be allowed by the learned Addl. District Judge, jalgaon on 25th January, 2005. The delay was condoned subject to payment of Rs. 250/-, to be paid by the Petitioner, in that application, to the Respondent No. 1 within a period of fifteen days from the date of the order. This payment of Rs. 250/- was not made by the present petitioner within stipulated period of time. The present Petitioner, therefore, filed an application at Exhibit-24 in Misc. Civil Application No. 98 of 2001 (disposed of). This application was filed by the Petitioner on 19th April, 2005. This application, after hearing the parties, came to be rejected on 21st April, 2005, as noted above, by the learned Additional District Judge, jalgaon.