BHIVA LADU SAWANT Vs. NARAYAN YASHWANT NAIK

JUDGEMENT

(1.) Heard Advocate for the petitioners. None appears for the first and second Respondents though they are represented by an Advocate. The third Respondent is dead. On 20th November 2007, a notice was issued by this court for final disposal at admission stage.

(2.) At the instance of the first to third Respondents proceedings under section 145 of the Code of Criminal Procedure,1973 were initiated against the Petitioners. An order was passed by the learned Executive Magistrate, Sawantwadi on 31st March 2005 holding that the property subject matter of the dispute was in possession of the first to third Respondents. A Revision Application was filed by the Applicants for challenging the said order passed by the learned Executive Magistrate. There was delay of one year, two months and thirteen days in filing the Revision Application. By order dated 12th December 2006, the learned Sessions Judge rejected the application for condonation of delay. The present petition has been filed under Article 227 of Constitution of India for challenging the said order.

(3.) The learned counsel for the petitioners has invited my attention to the averments made in the application for condonation of delay. He pointed out that the petitioners were not aware of the impugned order and after they were made aware of the impugned order, steps were immediately taken for challenging the impugned order. He submitted that sufficient cause was made out for condonation of delay.