Geeta Bhaskar Chatase And ORS v. Nagorao Laxman Turukmane And ANR

2025:BHC-AUG:1610 (1) 7-ca-1613-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1613 OF 2024 IN FAST/164/2024 GEETA BHASKAR CHATASE AND ORS

VERSUS

NAGORAO LAXMAN TURUKMANE AND ANR ...

Mr. Vaibhav B. Dhage, Advocate for Applicants. Mr. S. S. Rathi, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 17th JANUARY, 2025.

P.C.:- 1.

Heard Mr. Dhage, learned Advocate appearing for the applicants and Mr. Rathi, learned Advocate appearing for respondent no.1.

2.

None appears for respondent no.2 inspite of service of notice. 3.

The applicants seeks to condone delay of 382 days caused in filing the Appeal.

4.

The applicants explain delay in paragraph nos.4 and 5 of the application.

5.

The reasons as stated in application are not controverted. 6.

Perusal of reasons shows that financial duress and lack of legal knowledge is said to be major reasons for the delay. Considering nature of litigation and fact that applicants are litigating for getting compensation towards accidental death of her

(2) 7-ca-1613-2024.odt husband, case is made out to condone the delay. Hence, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 382 days caused in filing the Appeal is hereby condoned.

c.

Appeal be registered subject to removal of office objection. d.

On registration of Appeal, issue notice to the respondents, returnable on 28.02.2025. Mr. Rathi, learned Advocate waives notice for respondent no.1. Call for Record and Proceeding. e.

Parties are put to the notice that Appeal may be heard finally at the stage of admission.

(S. G. CHAPALGAONKAR) JUDGE Devendra/January-2025