Neeta Sawant 909-WP-3645-2016.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3645 OF 2016 WITH INTERIM APPLICATION (ST.) NO. 20215 OF 2026 Shri. Laxman Bapu Khedkar & Ors. .. Petitioners … : Versus : Smt. Jijabai Damu Khedkar & Ors. .Respondents … Ms. Sanskruti More and Ms. Madhuri Negi i b. Auris Legal, / for the Petitioners. Ms. Shraddha Pawar with Mr. Shreeniwas Magar i b. Mr. Dilip Bodake, / for Respondent Nos.2 to 9. CORAM : SANDEEP V. MARNE, J. DATED : 3 SEPTEMBER 2026. P.C : 1) The petition challenges order dated 14 August 2013 passed by the District Judge-3, Pune dismissing Misc. Application No. 494 of 2004 filed by the Petitioners seeking restoration of the application for condonation of delay which was dismissed for non-prosecution on 22 June 2004. _____________________________________________________________________________ PAGE NOS. 1 of 3 Thursday, 3 September 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.09.05 10:53:17 +0530 Neeta Sawant 909-WP-3645-2016.docx 2) I have heard Ms. More, the learned counsel appearing for the Petitioners and Ms. Pawar, learned counsel appearing for Respondent Nos.2 to 9. 3) Plaintiff s Suit bearing Regular Civil Suit No. 30 1998 was ’ / decreed on 15 October 2001. The Trial Court while declaring that suit properties are ancestral properties, granted injunction against the Petitioners Original Defendants from disturbing Plaintiffs possession of / the suit properties. Petitioners Defendants did not promptly challenge / the decree by filing the Appeal within the permissible period of time. They filed the Appeal belatedly together with application for condonation of delay. The delay condonation application was initially dismissed for Respondent No.5 on 13 April 2004 for failure to serve on him. Thereafter the application was adjourned on 7 June 2004, 10 June 2004 and 22 June 2004. Due to non-appearance on the part of the Petitioner, the District Court proceeded to dismiss the delay condonation application for delay on 22 June 2004. 4) The Petitioners filed Misc. Application No. 494 2004 for / restoration of delay condonation application on 15 July 2004. It appears that Misc. Application No. 494 2004 was also not diligently prosecuted / by the Petitioners which was dismissed for non-prosecution by order dated 21 June 2007. Copy of order dated 21 June 2007 is not produced by the Petitioners which is placed on record by the Respondents alonwith their Affidavit-in-Reply. _____________________________________________________________________________ PAGE NOS. 2 of 3 Thursday, 3 September 2026 Neeta Sawant 909-WP-3645-2016.docx 5) How Misc. Application No. 494 2004 got restored is not / known at this stage. However, it appears that the same is decided afresh by the impugned order dated 14 August 2013. Thus, Petitioners appear to be habitual in not diligently prosecuting the proceedings. In that view of the matter, no case is made out for interference by this Court in exercise of extra-ordinary jurisdiction under Article 227 of the Constitution of India. Petitioners are suffering injunction for the last 25 longs years and I do not find any reason why they should now be granted an opportunity to prosecute delay condonation application or the Appeal on merits. 6) Ms. More, the learned counsel appearing for the Petitioners vehemently urges before the Court that Petitioners need not be made to suffer due to mistake on the part of the advocate. There appears to be repeated mistakes on the part of the Petitioners in not diligently prosecuting the proceedings before the Appellate Court. They cannot seek to blame their advocate and get away with consequences of their own negligent conduct. Considering the above position, I am not inclined to interfere in the impugned order. The Writ Petition is accordingly dismissed. With dismissal of the Petition, nothing survives in the Interim Application. The same also stands disposed of. [SANDEEP V. MARNE, J.] _____________________________________________________________________________ PAGE NOS. 3 of 3 Thursday, 3 September 2026