SHIVAJI DATTU MANG @ NAGARPOLE Vs. GOVINDA SANTU KUMBHAR

JUDGEMENT

(1.) This Petition is directed against the Order dated 31st July, 2007 passed by the Ad-hoc District Judge-3, Kolhapur, whereby the application of the Petitioner for condonation of delay of 1964 days in preferring an appeal against the Decree dated 30th May, 1994 passed in Regular Civil Suit, came to be rejected.

(2.) A common Judgment and Order is passed in 3 different suits and 3 different Appeals have been preferred by the Petitioner therefrom. The above Writ Petition arises from rejection of Application of condonation of delay in one of the said 3 Appeals.

(3.) The learned Counsel for the Petitioner however, has pointed another Order dated 13th July, 2007, wherein another Judge of co-ordinate jurisdiction, on an application for the condonation of delay in preferring one of the Appeals out of the aforesaid three Appeals against the common Judgment and Order, has condoned the delay of the same number of days in filing appeal by imposing costs of Rs.3,000/-. The facts in relation to the Application for condonation of delay in the present case are no different. This Order dated 13th July, 2007, as it appears, was not brought to the notice of the learned Trial Judge, who has passed the impugned order rejecting the Application for condonation of delay.