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Bombay High CourtCA/4619/2013disposed off

Radhika Sahebrao Punamwar And Others v. Datta Umaji Behare And Others

2023-03-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

915-CA-4619-2013

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4619 OF 2013 IN FIRST APPEAL (ST) NO. 10091 OF 2013 RADHIKA SAHEBRAO PUNAMWAR AND OTHERS

VERSUS

DATTA UMAJI BEHARE AND OTHERS ...

Mr. K.M. Nagarkar - Advocate for Applicants Mr. A.N. Patil - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 14th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1159 days which appears to be cause due to their financial crisis. 3.

The respective learned counsel for the respondents strongly opposed the application on the ground that, there is huge circulation delay since the matter could not be circulated till 2022 after it is filed in 2013. However, considering the statutory right of the applicants the delay of 1159 days stands condoned subject to condition that the applicants shall not 1/2

915-CA-4619-2013 claim any interest for the aforesaid period of delay and also for delay in circulating the matter belatedly.

4.

The appeal be placed for admission after removal of office objections, if any.

5.

The Civil Application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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