Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 MARJI Appln No.8-2026
MHSCA30001112026
IN THE COURT OF SMALL CAUSES AT MUMBAI
(APPELLATE BENCH)
MARJI Application No.8 of 2026
In
P. Appeal No. of 2025
In
L. E & C SUIT NO.5/5 OF 2010
1. Karsan Dana Parmar (since deceased)
2. Smt. Hira Karsan Parmar
W/o Karsan Dana Parmar
(Deleted) (Since deceased)
3. Mr. Nirmal Karsan Parmar
S/o Karsan Dana Parmar & Ors. ......Appellants
Ors. Plaintiffs Nos.1 to 8
V/s
1. Smt. Samjuben Vithal Waghela & Ors. .....Respondents
( Ors. Defendants
Appearance :
ELIXIR LEGAL SERVICES, Advocate for Appellants/Applicant.
Mr. Anil A. Jakatdar, Advocate for Respondents.
Coram : Sambhaji D. Thakare
Addl. Chief Judge
&
Yogeshkumar K. Rahangdale,
Addl. Chief Judge.
C. R. No. 41 (B.B.)
Date :2nd Day of July 2026.
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2 MARJI Appln No.8-2026
JUDGMENT : (Per Sambhaji D. Thakare, Addl. Chief Judge)
This is an application under Section 5 of the Limitation Act
1963 for condonation of 7 days delay to prefer an appeal against the
judgment and decree dated 30.10.2025 in L. E & C Suit No.5/5 of 2010
passed by learned Judge of Court of Small Causes at Mumbai, Bandra
Branch C. R. No.36, whereby the suit is dismissed with costs.
2. Tersely the facts are as follows :
The present applicants are original plaintiffs and
respondents are the original defendants in the suit. The suit for
recovery of possession of the suit premises, compensation and mesne
profits has been filed against the defendants. The said suit has been
dismissed with costs. According to applicants, due to the health issues,
they did not prefer an appeal within the stipulated period. The delay
caused to prefer an appeal is not intentional. Hence, delay may be
condoned and appeal may be registered.
3. The respondents No.1 to 4 have resisted this application by
filing say/reply at Exhibit-10. According to respondents, there is no
sufficient cause for condonation of delay. Hence, application may be
rejected.
4. We have heard learned Advocate Ms. Juhi Bhogle for the
applicants and Mr. Anil Jakatdar learned advocate for respondents.
5. Following points arise for our consideration and we record
our findings against them for the reasons discussed below:
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3 MARJI Appln No.8-2026
Sr.No Points Findings
1. Whether applicants have made out
“sufficient cause” for condonation of
delay? In the Affirmative
2. What order ? Application is allowed
subject to costs of
Rs. 1000/-.
REASONS
As to Point Nos.1 and 2 :
6. The suit is for eviction and recovery of possession has been
filed under section 41 of Presidency Small Cause Courts Act, 1882. As
per section 42(2) of Presidency Small Cause Courts Act, 1882, the
period of limitation to prefer an appeal is 30 days. This period of 30
days begins to run from the date of decree. The impugned judgment
and decree has been passed on 30.10.2025. The present appeal has
been filed on 18.12.2025. It is seen that there is a seven days delay to
prefer an appeal. According to applicants, due to the health issues, they
did not file an appeal within the statutory period of 30 days. The
contention of the applicants has been supported by an affidavit. It is
well settled proposition of law that in order to construe the word
“sufficient cause”, the court shall adopt very liberal and justice oriented
approach. It is seen that the substantial rights of the parties in respect
of immovable properties are involved in this appeal. Hence, there is a
sufficient cause for condonation of seven days delay. The delay caused
to prefer an appeal is not intentional but respondents can be
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4 MARJI Appln No.8-2026
compensated by way of costs. Hence this court answer Point No.1 in the
Affirmative. In the result, we pass following the following order.
ORDER
1. Application is allowed.
2. The delay of 7 days to prefer an appeal against
the judgment and decree dated 30.10.025 in L. E
& C Suit No.5/5 of 2010 passed by learned judge
of Court of Small Causes, Mumbai (Bandra
Branch) C. R. No.36 is condoned subject to
payment of costs of Rs. 1000/- (Rs. One
Thousand Only).
3. The applicants are directed to pay amount of Rs.
1000/- (Rupees One Thousand Only) as a costs
directly to the respondents or deposit in the
court.
4. Office is directed to register an appeal on
payment of or deposit of costs by the applicants.
I agree,
(Yogeshkumar K. Rahangdale) (Sambhaji D. Thakare)
Addl. Chief Judge Addl. Chief Judge,
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
02.07.2026 02.07.2026
Judgment dictated on: 02.07.2026
Judgment transcribed on: 02.07.2026.
Judgment checked & signed on: 02.07.2026
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