Nasim Shaikh Ahmed And ORS v. Deshmukh Baburao Mahajan And ORS

2025:BHC-AUG:10360 945 CIVIL APPLICATION NO. 5105 OF 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 5105 OF 2023 IN FAST/1397/2023 NASIM SHAIKH AHMED AND ORS

VERSUS

DESHMUKH BABURAO MAHAJAN AND ORS ...

Mr. V. D. Khivsara, Advocate h/f Mr. R. S. Wani, Advocate For Applicants ...

WITH CIVIL APPLICATION NO. 5106 OF 2023 IN FAST/1397/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

CIVIL APPLICATION NO. 5105 OF 2023 :

1.

The original claimant petitioners in Motor Accident Claims Petition No. 243 of 2015 have filed the present application seeking condonation of delay of 226 days caused in filing First Appeal under Section 173 of the Motor Vehicles Act. The deceased is husband of the applicant No. 1 and father of applicant nos. 2 and 3 who are minors and son of the applicant Nos. 4 and 5. The family has lost a young male member leaving behind his parents, widow and minor children. 2.

In that view of the matter, it will be appropriate in the interest of justice to condone the delay in order to enable the applicants to prosecute the appeal on merits. Civil application is allowed. 1/2

945 CIVIL APPLICATION NO. 5105 OF 2023 3.

Issue notice for final disposal to the respondents, returnable on 20.06.2025.

4.

Appellants/Applicants are directed to serve the respondents by Registered Post Acknowledgment Due in addition to regular mode of service.

[ROHIT W. JOSHI, J.] ks_kamble/ 2/2