Sumanbai Baburao Nakhate And Others v. Madhukar Maliram Ambhure And Another

1 995

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 995 CIVIL APPLICATION NO.9295 OF 2022 IN FAST/14113/2022 SUMANBAI BABURAO NAKHATE AND OTHERS

VERSUS

MADHUKAR MALIRAM AMBHURE AND ANOTHER ...

Advocate for Applicants: Mrs. Surekha A Munde Advocate for Respondent No.1: Mr. Pravin N. Kalani ...

CORAM:ARUN R. PEDNEKER, J.

DATE :30th NOVEMBER, 2023 PER COURT:

1.

Heard.

2.

Respondent No.2 though served, none appears.

3.

The present first appeal is filed along with application for condonation of delay of 1462 days. 4.

The learned counsel for the applicants submits that the applicants would waive interest and statutory benefit for the delayed period, in the event the application for condonation of delay is allowed. The learned counsel further submits that the applicants are extremely poor and that they did not have the means to file the present appeal in time.

2 995 5.

For the reasons mentioned in the civil application for condonation of delay, the delay of 1462 days is condoned, subject to waiver of interest and statutory benefit for the delayed period by the applicants. The civil application stands disposed of. 6.

Issue notice to the respondents in the first appeal, returnable on 01.02.2024.

[ARUN R. PEDNEKER, J.] marathe