Nilesh Manikrao Kale v. Rohidas Mamtu Rathod And ORS

{1} 04-ca1242.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1242 OF 2021 IN FIRST APPEAL ST. NO. 1793 OF 2021 Nilesh Manikrao Kale Applicant

Versus

Rohidas Mamtu Rathod & others Respondents Mrs. Asha D. Rakh, advocate for the Applicant Mr. P. F. Patni, advocate for Respondents No.1 & 2. Mr. R. R. Suryawanshi, advocate holding for Mr. S. R. Sapkal, advocate for Respondent No.3.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 26th June, 2023.

PC :

Heard rival submissions.

The applicant-owner, who has fled this appeal, is seeking condonation of delay of 5557 days which appears to be caused due to his fnancial crisis.

The learned Counsel for the Respondents No.1 & 2-claimants strongly opposed the application on the ground that delay is huge.

However, in the connected appeals, arising out of

{2} 04-ca1242.21.odt same accident, which were fled by the present applicant, this Court had condoned the delay.

In view of the same and considering the statutory right of the applicant, delay of 5557 days stands condoned subject to the condition that the applicant shall not claim any interest for the aforesaid period of delay.

The appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb