Gayabai Dashrath Khansole v. Tejerao Deorao Chauhan And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10229 OF 2013 IN SAST/12025/2013 GAYABAI DASHRATH KHANSOLE

VERSUS

TEJERAO DEORAO CHAUHAN AND OTHERS ...

Advocate for Applicant : Shri Sukale G.V.

Advocate for Respondents : Shri Dhage Vaibhav B. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: March 19, 2015 ...

PER COURT :- 1.

The applicant prays for condonation of 665 days delay in preferring the Civil Application. Reasons are set out in the application. Further contention is that the applicant is aged and illiterate person and that she is in a weak financial condition. Delay is neither intentional nor deliberate. 2.

Shri Dhage, learned Advocate appearing on behalf of the respondents seriously opposes the application on the ground that the reasons assigned do not justify / support the request for condonation of delay. 3.

Civil Application is, therefore, allowed. Delay of 665 days caused in lodging the Second Appeal is condoned, subject to the applicant depositing costs of Rs.4,500/- in this Court, within a period of six weeks from today. 4.

Upon depositing the costs, nine respondents shall withdraw the same in equal proportion. Upon depositing the costs, the Second Appeal will be registered.

5.

In the event the costs are not deposited as ordered above, this order shall stand recalled and the Civil Application shall stand rejected. ( RAVINDRA V. GHUGE, J. ) ...

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