Raju S/O Tukaram Gacche And ANR v. Sitaram S/O Moglaji Gare And ANR

8135.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO.8135 OF 2022 IN FIRST APPEAL STAMP NO.8306 OF 2022 RAJU S/O TUKARAM GACCHE & ANOTHER

VERSUS

SITARAM S/O MOGLAJI GARE & ANOTHER ...

Advocate for the applicants : Adv.Maya R. Jamdhade ...

CORAM :ARUN R. PEDNEKER, J.

DATE :21.08.2023 P.C. :

1] Though the respondent nos.1 and 2 are served, none appears on behalf of the said respondents. 2] The learned counsel for the applicants submits that the impugned order was passed on 27th March, 2019 and the present Civil Application is filed on 15.02.2022. There is delay of 990 days in filing the present First Appeal. The learned counsel for the applicants submits that due to Covid-19 pandemic situation, delay is caused in filing the present Appeal and the same is not intentional and deliberate act on the part of the applicants. The financial

8135.22CA condition of the applicants are not sound and the valuable rights of the applicants are involved in the present First Appeal. In the event, the delay is not condoned, irreparable loss would be caused to the applicants. The learned counsel for the applicants submits that considering the above facts, the present Civil Application may be allowed in the interest of justice.

3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Accordingly, Civil Application is disposed of. [ARUN R. PEDNEKER] JUDGE DDC