1999 (3) TMI 645

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....inal plaintiffs) had filed Regular Civil Suit No 56 of 1983 in the Court of Civil Judge, Junior Division, Nilanga of district Latur. The suit was for partition and separate possession of the suit property. The respondent No. 6 herein -- original defendant No. 1 is the husband of plaintiff No. 1 Godawaribai and father of original plaintiffs Nos 2 to 5. The said suit was proceeded ex parte and was ultimately decreed on 14th October, 1986. 4. The original defendants Nos. 2 and 3 wanted to challenge the ex parte decree. There was delay of 104 days. The original defendants Nos. 2 and 3, therefore, filed Misc. Civil Application No. 19 of 1987 for condonation of delay. It was the case of the defendants that there was a compromise between them and....

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....itioners have made out a good case for condonation of delay. He also submits that the petitioners were not at all negligent in prosecuting their right of appeal. 7. On the other hand, the learned Advocate Shri Bajpai for the respondents, has strongly supported the impugned order passed by the learned Additional District Judge, Latur. According to him, there was inordinate delay and, therefore, the rejection order is proper. 8. I gave anxious consideration to the rival submissions made at the Bar. The Court is armed with power to condone the delay. The discretion is given to the Court to condone delay and admit the appeal in order that judicial power and discretion in that behalf should be exercised to advance substantial justice. If the s....

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....ld be taken. The courts are required to adopt rational common sense approach. The courts are required to adopt rational common sense approach. The Courts are required to take pragmatic approach while interpreting the concept of sufficient cause. The Supreme Court has shown displeasure in this behalf. The message of liberal approach in the matter of interpretation of sufficient cause has not shown its effect on lower judiciary. 11. In this behalf a reference to the case of Collector, Land Acquisition, Anantnag v. Mst. Katiji and others,, is necessary. The Supreme Court has observed that the message with regard to liberal approach does not appear to have percolated down to all the other courts in the hierarchy. The following guidelines shoul....

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....itioners have placed on record sufficient and convicting evidence in order to show that in fact there was settlement in between them and the husband of Godawaribai. The learned Additional District Judge has accepted the oral evidence tendered by the petitioners in this behalf. The written compromise Exh. 30 has been placed on record. The learned Additional District Judge has come to the conclusion that the oral evidence brought by the petitioners can be acted upon to hold that there was some settlement of dispute between the husband of Godawaribai and the petitioner No. 1. It is interesting to note that this compromise was arrived at on 17-8-1984. Because of assurance of husband of Godawaribai, the petitioners were little bit slow. But if t....