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2016 DIGILAW 1356 (BOM)

Vivek Gajanan Palandurkar v. Vidarbha Premier Cooperative Housing Society Limited

2016-08-02

R.K.DESHPANDE

body2016
JUDGMENT : 1. Admit. Heard finally by consent of the learned counsels appearing for the parties. 2. The challenge in this Revision is to the order dated 13.01.2016, passed in Misc. Civil Application No. 19 of 2016, by the lower appellate Court in exercise of its jurisdiction under Section 26A of the Provincial Small Cause Courts Act, condoning the delay caused in filing an appeal. 3. Undisputedly, the appeal under Section 26A of the said Act is not maintainable against the order passed by the trial Court rejecting the objection filed to the application under Section 12A of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, management and Transfer) Act, 1963. Once it is found that the appeal is not maintainable and the Court has no jurisdiction, the question of condoning the delay caused therein does not at all arise. The point is no longer res integra in view of the decision of this Court in the case of Pundalik Haribhau Chandekar vs. Jagdish Dadaji Bind, reported in 2010 (3) Mh.L.J. 292 . In view of this, the Civil Revision Application needs to be allowed by setting aside the order impugned in this Revision Application. 4. In the result, the Revision Application is allowed. The order dated 13.01.2016, passed by the Lower Appellate Court in Misc. Civil Application No. 1916 is hereby quashed and set aside and the said Misc. Civil Application is dismissed. The parties are left with liberty to challenge the initial order by adopting appropriate proceedings.