Babita Ashok Nitnaware And ANR v. Baliram Ashruba Markand And ORS

{1} ca6201.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6201 OF 2017 IN FIRST APPEAL ST. NO. 9519 OF 2017 Babita Ashok Nitnaware & another Applicants

Versus

Baliram Ashruba Markand & others Respondents Mr. V. M. Jaware, advocate for the Applicants None present for Respondent No.5.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

Heard rival submissions.

The applicants, who are the claimants, are seeking condonation of delay of only 36 days in fling the appeal. Though the respondents are served, but only respondent no.5-Insurance Company has appeared through learned Counsel Mr. Upadhye. However, the said Counsel is also absent today.

As such, considering the statutory right of the applicants and short period of delay, it stands condoned,

{2} ca6201.17.odt subject to the condition that the applicants shall not claim any interest for the said delay period if any favourable order is passed in their favour in the appeal.

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

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb