Kalpana Shrikrishna Thakur, Thr. Poa. Anupama Patil v. Shashikant Tatoba Samant And ORS.

34 IA-14559-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14559 OF 2023 IN CIVIL REVISION APPLICATION (ST) NO. 13717 OF 2023 Kalpana Shrikrishna Thakur, Through POA Anupama Patil ...Applicant

...Petitioner

Versus

Shashikant Tatoba Samant And Ors.

...Respondents

***** Ms. Tamsin Monis, for Applicant.

None for Respondents.

***** by HUSENBASHA RAHAMAN NADAF Date: 2024.02.17 15:25:28 +0530 CORAM : M.M. SATHAYE, J.

HUSENBASHA RAHAMAN NADAF DATE : 16th FEBRUARY 2024 P.C. :

.

This is an application for condonation of delay of 207 days in filing above revision application. All the Respondents are duly served. Nobody appears for the Respondents. No reply is filed opposing the application till date.

2.

Learned counsel for the Applicant invited this Court's attention to para 6 & 7 of the application and submitted that the Applicant is a lady of advanced age, who is 83 years of old and is suffering from Alzheimer's disease since 2013. The application is filed through Applicant's daughter, being her Constituted Attorney. It is submitted that the Applicant is completely dependent for her daily activities as she is bedridden. It is submitted that the Applicant is required to be fed through a food-tube and not able to even communicate or speak. Husen

34 IA-14559-2023.doc It is submitted that due to a deteriorating health condition, the Applicant has taken time to reach the Court and delay is caused. It is urged that this delay should not come in the way of substantive justice and should be condoned in the interest of justice. 3.

Considering the medical / heath reasons stated in application on oath, which are un-controverted till date, and considering the extent of the delay, sufficient cause is made out. Interim application is allowed in terms of prayer clause (a). Delay is condoned. 4.

copy of this order.

(M.M. SATHAYE, J.) Husen