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2024 DAILYLAW 1985 (BOM)

PRAKASH S/O NATTHUJI PRADHAN v. HIRAMAN S/O MAHADEO UKEY AND OTHERS

CAF/2985/2024 · 2026-07-10

Shri Pravin S Patil

body2024

Judgment text

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17 caf 2985-2024.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2985/2024 IN FIRST APPEAL ST. NO.21357/2023 Prakash s/o Natthuji Pradhan Vs. Hiraman s/o Mahadeo Ukey - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri B.W. Patil, Advocate for applicant Ms Rohini Mankar, Advocate h/f Shri P.S. Mirache, Advocate for respondent CORAM : PRAVIN S. PATIL, J. DATE : 10.07.2026 1. By this application, the applicant is seeking condonation of 508 days delay caused in filing the appeal. It is the submission of the present applicant, who is alleged to be the owner of vehicle that actually he is not the owner of the vehicle which is involved in the accident. He is wrongly arrayed as a respondent before the Tribunal. But, this fact is not considered by the Tribunal while delivering the judgment. 2. It is the submission of the present applicant that when he received a summons of the execution proceedings, he realized that against the judgment of the Tribunal, he is required to file the appeal and therefore, he approached before this Court by accompanying the appeal. 17 caf 2985-2024.odt 2 3. Learned Counsel appearing for the respondent/claimant has strongly opposed the application. According to the respondent/claimant, if this is the submission of the present applicant to challenge the judgment of the Tribunal, he should be the vigilant person and ought to have approached before this Court immediately after the judgment delivered by the Tribunal. However, there is inordinate delay on his part to approach before this Court, so also, the delay is not properly explained in the matter and therefore, prayed to reject the application. 4. In the facts and circumstances of the case, the delay of 508 days is condoned subject to costs of Rs.5000/- deposited to the ‘Public Welfare Account’ bearing No129712010001014, IFSC Code UBIN0812978, Union Bank of India, Branch High Court, Civil Lines, Nagpur. 5. The office is directed to register the First Appeal. 6. The application stands disposed of. (PRAVIN S. PATIL J.) R.S. Sahare