Habibunnisa Abdul Hakim And ANR v. Prakash Karbhari Ulhale And Others

48 ca 3065.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 CIVIL APPLICATION NO. 3065 OF 2016 IN FAST/2396/2016 HABIBUNNISA ABDUL HAKIM AND ANR

VERSUS

PRAKASH KARBHARI ULHALE AND OTHERS ...

Advocate for Applicants : Kulkarni Shrikant ...

CORAM : P.R. BORA, J.

DATE : 24-10-2016.

P.C. :

1.

Though, respondent nos. 1 to 3 are duly served, none of them has entered appearance. Delay of 489 days has occurred in filing the present appeal by the original claimants. 2.

On perusal of the application, it is revealed that the delay has been sufficiently explained. In the circumstances, though, I am inclined to condone the delay, it is clarified that the claimants shall not be entitled for the interest of period of delay, in the event of their success in appeal subject to the aforesaid condition, delay is condoned. Appeal be registered in accordance with law. Civil application stand disposed of. A copy of the present order be kept in the papers of the appeal.

(P.R. BORA) JUDGE mub