Gangutai Vittalrao Nalbalwar And ORS v. Raghbir Singh Gani Shankar Singh And ORS

23-CA-7373-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7373 OF 2022 IN FIRST APPEAL (ST) NO. 13306 OF 2020 GANGUTAI VITTALRAO NALBALWAR AND OTHERS

VERSUS

RAGHBIR SINGH GANI SHANKAR SINGH AND OTHERS ...

Ms. Manisha Dalave h/f. Mr. K.M. Nagarkar - Advocate for Applicants Mr. M.M. Abhore - Advocate for Respondent Nos.2 and 3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1726 days, which appears to be caused due to their poor financial condition.

3.

The learned counsel for the Insurance Company strongly opposed the application on the ground that, no reasonable cause is mentioned for condoning the delay and there is also circulation delay.

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23-CA-7373-2022 4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 1726 days stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

5.

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

6.

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

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