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Bombay High CourtCA/7726/2022admittedallowedgrantedrule absolute

Ashwini Ajay Sable And ANR v. Mohammad Irfan Khan S/O Ejaj Khan And ORS

2025-10-14Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:29067 1 901-CA 7726-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7726 OF 2022 IN FAST/10237/2020 Ashwini Ajay Sable And Another .. Applicants

Versus

Mohammad Irfan Khan S/o Ejaj Khan And Others .. Respondents Mr. Shubham K. Shinde, Advocate h/f Mr. Ravindra V. Gore, Advocate for the Applicants.

CORAM : KISHORE C. SANT, J.

DATE : 14th OCTOBER, 2025.

PER COURT :- 1.

Office report shows that, respondent No. 2 is served through his sister in law. There is no statement that they reside in a joint family. Therefore, the service is treated to be not proper. 2.

However, considering that, notice was only on application for condonation of delay of 48 days in filing the first appeal and main contested respondent is respondent No. 3 - insurance company, this Court is inclined to allow the application. Hence, following order :

2 901-CA 7726-2022.odt

ORDER

(I) The civil application stands allowed.

(II) Delay is condoned. Office to register first appeal. (III) The civil application is disposed of.

( KISHORE C. SANT, J. ) P.S.B.