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Bombay High CourtCA/8084/2016admittedallowedgrantedrule absolute

Bano @ Banubi Rashid Shaikh v. Kaisar Nasir Begg (Shaikh) And ORS

2017-02-17Hon'Ble Shri Justice V.K. Jadhav1 pages

1016 ca 8084.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1016 CIVIL APPLICATION NO. 8084 OF 2016 IN FAST/15781/2016 BANO @ BANUBI RASHID SHAIK

VERSUS

KAISAR NASIR BEGG (SHAIKH)AND ORS ...

Advocate for Applicant : Darandale Abhijit C. Advocate for Respondents :Gatne Atul B.r/4 ...

CORAM : V.K. JADHAV, J.

DATE : 17-02-2017.

P.C. :

1.

Heard the learned counsel for the applicant, however, none present for respondent nos. 1 and 2, though duly served. Heard the learned counsel for respondent no.4. The applicant is the original claimant and on account of injuries sustained by him in an accident he had incurred huge medical expenses, thus, due to financial constraints the appeal could not be preferred within limitation. For the reasons stated in the civil application, delay of 300 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of. 2.

Heard. Issue notice to the respondents, returnable on 13.04.2017. Learned counsel Shri A.B. Gatne, waives for respondent no.4.

(V.K. JADHAV) JUDGE mub