1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.18 OF 2006 CIVIL APPLICATION NO.18 OF 2006 CIVIL APPLICATION NO.18 OF 2006 IN IN IN LETTER PATENT APPEAL NO.462 OF 2005 LETTER PATENT APPEAL NO.462 OF 2005 LETTER PATENT APPEAL NO.462 OF 2005 Dinesh Ananda Jadhav ...Applicant Dinesh Ananda Jadhav ...Applicant Dinesh Ananda Jadhav ...Applicant Vs. Vs. Vs. The Vice Chancellor The Vice Chancellor The Vice Chancellor Yashwantrao Chavan Maharashtra Open Yashwantrao Chavan Maharashtra Open Yashwantrao Chavan Maharashtra Open University, Gangapur Road, Nashik & Ors....Respondents University, Gangapur Road, Nashik & Ors....Respondents University, Gangapur Road, Nashik & Ors....Respondents ----- ----- ----- Mr.G.M.Joshi for Applicant Mr.G.M.Joshi for Applicant Mr.G.M.Joshi for Applicant CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. DATED: 3RD APRIL, 2006 DATED: 3RD APRIL, 2006 DATED: 3RD APRIL, 2006 P.C. P.C. P.C. 1. Heard. 1. Heard. 1. Heard. 2. This is an application for condonation of 2. This is an application for condonation of 2. This is an application for condonation of delay of 179 days in filing L.P.A. The ground for delay of 179 days in filing L.P.A. The ground for delay of 179 days in filing L.P.A. The ground for delay disclosed in the application is that the mother delay disclosed in the application is that the mother delay disclosed in the application is that the mother of the applicant was not well for about 4 months and of the applicant was not well for about 4 months and of the applicant was not well for about 4 months and 15 days and therefore, the applicant had to stay at 15 days and therefore, the applicant had to stay at 15 days and therefore, the applicant had to stay at his native place at Nashik along with his family his native place at Nashik along with his family his native place at Nashik along with his family members for nursing the old aged mother, as no other members for nursing the old aged mother, as no other members for nursing the old aged mother, as no other family members were there to look after her. As there family members were there to look after her. As there family members were there to look after her. As there was no sufficient documentary material placed on was no sufficient documentary material placed on was no sufficient documentary material placed on record in support of the claim of the illness of the record in support of the claim of the illness of the record in support of the claim of the illness of the mother and the necessity of the applicant to remain mother and the necessity of the applicant to remain mother and the necessity of the applicant to remain along with his mother at the native place, time was along with his mother at the native place, time was along with his mother at the native place, time was granted and the matter was adjourned from 20th March, granted and the matter was adjourned from 20th March, granted and the matter was adjourned from 20th March, 2006 to this date. The affidavit filed today merely 2006 to this date. The affidavit filed today merely 2006 to this date. The affidavit filed today merely 2 discloses that the mother of the applicant suffers discloses that the mother of the applicant suffers discloses that the mother of the applicant suffers from various ailments and she was under medical from various ailments and she was under medical from various ailments and she was under medical treatment since 30th March 2006. The copy of the treatment since 30th March 2006. The copy of the treatment since 30th March 2006. The copy of the certificate of the doctor, which is stated to have certificate of the doctor, which is stated to have certificate of the doctor, which is stated to have been issued by Dr. Pravin Supe of Nashik, discloses been issued by Dr. Pravin Supe of Nashik, discloses been issued by Dr. Pravin Supe of Nashik, discloses that Mrs. Kusumbai Jadhav was under his treatment, that Mrs. Kusumbai Jadhav was under his treatment, that Mrs. Kusumbai Jadhav was under his treatment, since 23rd March 2005 on account of bronchitis. She since 23rd March 2005 on account of bronchitis. She since 23rd March 2005 on account of bronchitis. She was admitted in the hospital for 2 days i.e. on 21st was admitted in the hospital for 2 days i.e. on 21st was admitted in the hospital for 2 days i.e. on 21st August 2005. Apart from these materials, there is August 2005. Apart from these materials, there is August 2005. Apart from these materials, there is nothing on record to disclose that there was nothing on record to disclose that there was nothing on record to disclose that there was sufficient cause for the delay of 179 days in filing sufficient cause for the delay of 179 days in filing sufficient cause for the delay of 179 days in filing the appeal. The delay is during the period from 17th the appeal. The delay is during the period from 17th the appeal. The delay is during the period from 17th June 2005 to 1st December 2005. There is nothing June 2005 to 1st December 2005. There is nothing June 2005 to 1st December 2005. There is nothing placed on record to disclose that the presence of the placed on record to disclose that the presence of the placed on record to disclose that the presence of the applicant for all 24 hours near his mother was applicant for all 24 hours near his mother was applicant for all 24 hours near his mother was absolutely necessary for nursing her. Considering the absolutely necessary for nursing her. Considering the absolutely necessary for nursing her. Considering the medical certificate, it is apparent that the mother of medical certificate, it is apparent that the mother of medical certificate, it is apparent that the mother of the applicant was suffering from bronchitis and for the applicant was suffering from bronchitis and for the applicant was suffering from bronchitis and for such ailments, as per the common knowledge, the such ailments, as per the common knowledge, the such ailments, as per the common knowledge, the presence of other persons throughout 24 hours, except presence of other persons throughout 24 hours, except presence of other persons throughout 24 hours, except when there are bronchitis attacks to the patient, is when there are bronchitis attacks to the patient, is when there are bronchitis attacks to the patient, is not necessary. Certificate apparently discloses that not necessary. Certificate apparently discloses that not necessary. Certificate apparently discloses that the mother of the applicant was required to be given the mother of the applicant was required to be given the mother of the applicant was required to be given indoor treatment in the hospital from 21st August 2005 indoor treatment in the hospital from 21st August 2005 indoor treatment in the hospital from 21st August 2005 till 23rd August 2005 only. till 23rd August 2005 only. till 23rd August 2005 only. . It is also to be noted that all other . It is also to be noted that all other . It is also to be noted that all other documents placed on record disclose that the treatment documents placed on record disclose that the treatment documents placed on record disclose that the treatment given to the mother is in the month of August 2005 and given to the mother is in the month of August 2005 and given to the mother is in the month of August 2005 and 3 not thereafter. not thereafter. not thereafter. 3. In these circumstances, absolutely no material 3. In these circumstances, absolutely no material 3. In these circumstances, absolutely no material is placed on record to justify the delay of 179 days is placed on record to justify the delay of 179 days is placed on record to justify the delay of 179 days to file appeal. Hence, the application for to file appeal. Hence, the application for to file appeal. Hence, the application for condonation of delay is dismissed. Consequently, the condonation of delay is dismissed. Consequently, the condonation of delay is dismissed. Consequently, the Letter Patent Appeal also stands disposed of. Letter Patent Appeal also stands disposed of. Letter Patent Appeal also stands disposed of. (SMT.ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR, J.) (SMT.ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR, J.) (SMT.ROSHAN DALVI, J.) (R.M.S.KHANDEPARKAR, J.)