Sandhya Sonaji Gandhalwar Thr Her Next Friend Her Real Father Sonaji v. Iqbalsingh Gulzarsingh And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 8159 OF 2022 IN FAST/5005/2022 SANDHYA SONAJI GANDHALWAR THR HER NEXT FRIEND HER REAL FATHER SONAJI ....Applicant

VERSUS

IQBALSINGH GULZARSINGH AND ANOTHER .....Respondent ...

Advocate for Applicant : Mr. Nagarkar Kiran M. ...

(CORAM : ARUN R. PEDNEKER, J.) Dated: December 14, 2023 PER COURT :

1.

The learned Advocate for the petitioner submits that due to the accident the applicant has suffered 40% disability. Being lady she is unable to make arrangement to engage an advocate for filing appeal. She has sustained grievous injuries to eye and head. The learned further submits that due to financial crises, applicant failed to approach earlier before Court due to lack of money. Since last tow years applicant is out of country therefore in COVID-19 period she is unable to come India, therefore her father filed the appeal. The family members are badly suffering financial crises. 2.

The learned Advocate for the applicant further submits that delay

953 CA 8159-2022 be condoned subject to the condition that applicant would not claim interest or statutory benefits for the delay period. 3.

Notices are issued in the application for condonation of delay but none has caused appearance in the matter. 4.

In view of the above, application is allowed and the delay caused in filing first appeal is condoned subject to the condition that appellant shall not claim interest or statutory benefits for the delay period. The application is disposed of.

5.

The appeal is admitted.

6.

The learned Advocate for the applicant submits that the respondent No.1 before the Tribunal so also in the delay condonation application was served through paper publication. The applicant is permitted to serve respondents through paper publication in the same news paper.

( ARUN R. PEDNEKER, J. ) vj gawade/-.