Jemala Lachu Rathod And ORS v. Equbal Begum Khurshid Hussani And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8845 OF 2010 IN SECOND APPEAL ST. NO. 7709 OF 2010 Jamala Lachu Rathod & others Applicants

Versus

Equbal Begum Khurshid Hussani & others Respondents Mr. P. S. Chavan, Advocate for the applicants. CORAM : R. M. JOSHI, J.

DATE : 27th MARCH, 2023.

PER COURT :

1.

This is an application for condonation of delay of 127 days occurred in preferring the second appeal. 2.

According to applicants, applicant No. 1 was looking after the matters in the Court and due to his sickness, he was admitted in hospital from 19.10.2009 to 13.03.2010. To support said contention, medical certifcate is placed on record.

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None appears for respondents inspite of service of notice which indicates that the respondents are not interested in opposing the application.

4.

For the reasons mentioned in the application, delay caused in preferring second appeal deserves to be condoned. Hence, application is allowed in terms of prayer clause 'B'. 5.

Appeal be registered.

( R. M. JOSHI) Judge dyb