Sampat Karbhari @ Sahadu Kolhe And ORS v. Ramdas Appasaheb Dighe And ANR

21.CA.7273.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO.7273 OF 2019 IN FAST/12686/2019 SAMPAT KARBHARI @ SAHADU KOLHE AND ORS

VERSUS

RAMDAS APPASAHEB DIGHE AND ANR ...

Advocate for Applicants : Mr. Shelke Shivaji T. Advocate for Respondent no.1 : Mr. Kanawade Ajay T. ...

CORAM

: MANGESH S. PATIL, J.

DATE : . 06.12.2019 PER COURT :

Heard.

2.

This is an application under Section 5 of the Limitation Act for condonation of delay in filing First Appeal by the original claimants. 3.

The learned advocate for the respondent no.1 opposes the application. The respondent no.2 insurance company has been duly served but none appears.

4.

The applicants are the original claimants. The claimants are seeking to challenge the order passed by the Tribunal to the extent it fastened the liability on the deceased by way of contribution. 5.

There is nothing on the record to show that the delay has been caused with some ulterior motive. Following the principles in the case of Collector, Land Acquisition Vs. Mst. Katiji ; 1987 (2) S.C.C. 107, the 1/2

21.CA.7273.19.odt delay deserves to be condoned.

6.

The application is allowed. The delay is condoned. Register the appeal. Issue notice to the respondents after registration. The learned advocate Mr. Kanawade waives service for the respondent no.1. Call record and proceedings.

(MANGESH S. PATIL, J.) habeeb 2/2