ANANT GOPINATH KESSARKAR, S/O LATE GOPINATH KESSAR KAR Vs. SURESH MANGILAL PRAJAPAT, S/O LATE MANGILAL PIRANJI PRAJAPAT

JUDGEMENT

(1.) On 05.09.2017, a notice for final disposal was issued in this case. I have accordingly heard the learned Counsel for the petitioner and the learned Counsel for the respondent no. 1. None appears for the respondent no. 2, though served.

(2.) The petitioner is challenging the order dated 17.08.2017, by which the respondent no. 2 has condoned the delay of about four months in filing an appeal. That appeal, is filed by the respondent no. 1. It is contended by the learned Counsel for the petitioner that the order sheet dated 07.07.2017 shows that the argument on application for condonation of delay was partly heard and the application was fixed for further arguments on 20.07.2017. On that day, on account of the Presiding Officer being preoccupied, the matter was adjourned to 17.08.2017. The order sheet of 17.08.2017 shows that the application for condonation of delay came to be allowed, directing the parties to file the written arguments. It is thus contended that when, the application was partly heard, the same could not have been allowed without affording further hearing and secondly, by the impugned order the opportunity of oral hearing is denied to the petitioner in the Appeal.

(3.) The learned Counsel for the respondent no. 1 has supported the order. It is submitted that the delay is only of four months and 13 days and as such, the same has rightly been condoned.