Sarwarbi Mohammad Shaikh And ORS v. Shaikh Sarwar Shaikh Ismail And ANR

34ca6566.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 6566 OF 2024 IN FAST/12769/2024 SARWARBI MOHAMMAD SHAIKH AND ORS

VERSUS

SHAIKH SARWAR SHAIKH ISMAIL AND ANR ...

Advocate for Applicants : Mr. Dhage Vaibhav B. Advocate for Respondent No.2 : Mr. Kanade Arun G. ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 30.01.2025 PER COURT :- 1.

Heard Mr. Dhage, learned Advocate appearing for applicants.

2.

Applicants seeks condonation of delay of 266 days caused in filing appeal.

3.

Applicants state that applicants were suffering from financial duress as they have lost their bread earner. Applicants

34ca6566.24 have not derived any benefit by causing delay. 4.

Mr. Kanade, learned Advocate appearing for respondent No. 2/insurer vehemently opposed application contending that the reasons do not constitute sufficient cause. 5.

Having considered submissions advanced and reasons as stated in application and the fact that applicants are litigating for getting just compensation towards death of their bread earner, liberal approach in the matter of delay condonation needs to be taken. Resultantly, application succeeds. Delay of 266 days caused in filing appeal stands condoned. Appeal be registered subject to removal of office objections.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/