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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (@ SLP(C) No.617/2024)
VASUDEO BHOLANATH PUND APPELLANT(S)
VERSUS
DAMODAR JAIRAM SAO AND ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal has been preferred by the appellant against
the impugned judgment of the High Court which declined to
condone the delay of 95 days in filing of the appeal under
Section 72(1) of the Bombay Public Trusts Act, 1950,
before the District Judge.
3. Taking into consideration the number of days of delay and
the issues involved, we are inclined to set aside the
impugned judgment so as to give an opportunity to the
appellant to contest the appeal on merits.
4. Accordingly, the impugned judgment stands set aside. The
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appeal preferred by the appellant before the District
Judge is to be numbered and thereafter, decided on its own
merit. All the issues are left open.
5. The appeal is, accordingly, allowed. No costs.
6. Pending application(s), if any, shall stand disposed of.
……………………………………………………J. [M.M. SUNDRESH]
……………………………………………………J. [ARAVIND KUMAR]
NEW DELHI; 28th NOVEMBER, 2024
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ITEM NO.28 COURT NO.11 SECTION IX