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Bombay High CourtIA/2798/2019disposed off

Smt. Mangal Sadanand Ingavale And ORS. v. Jaysingh Bhau Ingavale And ORS.

2022-07-09Hon'Ble Shri Justice Milind N. Jadhav2 pages

42. ia 2798-19.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 2798 OF 2019 IN FIRST APPEAL (ST) NO. 29305 OF 2019 WITH FIRST APPEAL (ST) NO. 29305 OF 2019 Mangal Sadanand Ingavale & Ors.

Applicants / Appellants

Versus

Jaysing Bhau Ingavale & Ors.

.. Respondents ....................

 Mr. Akshay A. Kulkarni for the Applicants ..

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 19, 2022 P.C.

:

1. Heard.

2.

The applicants / appellants are the unfortunate wife and children of the deceased. By the impugned judgment and award passed by the learned Motor Accident Claim Tribunal, Gadhinglaj in MACP No. 44 of 2014, the trial court has dismissed the claim application of the applicants / appellants. Hence, the present First Appeal. As there is delay of 192 days in filing the First, Appeal, the applicants have preferred interim application No. 2798 of 2019 for condonation of delay.

3.

Perused the interim application. For the reasons mentioned in paragraphs 7 to 9 of the interim application, the delay in filing the

42. ia 2798-19.doc First Appeal is condoned. Interim application is allowed and disposed of in terms of prayer clause (b).

4.

First appeal be numbered.

5.

Issue notice to the respondents returnable on 02.08.2022. In addition to service of notice through Court, the appellants shall serve a private notice upon respondents through any permissible mode of service and file affidavit of service with tangible proof before the returnable date.

6.

List the First Appeal for admission / hearing on 2nd August, 2022. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2022.07.20 19:02:23 +0530 RAVINDRA MOHAN AMBERKAR