Rama Gangaram Dhanve v. Mirza Kazam Baig Mirza Abbas Baig And ORS

2024:BHC-AUG:1334 9333.10CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 CIVIL APPLICATION NO. 9333 OF 2010 IN FAST/18185/2010 RAMA GANGARAM DHANVE

VERSUS

MIRZA KAZAM BAIG MIRZA ABBAS BAIG & OTHERS ...

Advocate for the applicant : Adv.K.M.Nagarkar Advocate for respondent no.3 : Adv.D.S.Mutalik h/f. Mr.U.S.Malte ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.01.2024 P.C. :

1] The present Civil Application is filed to condone the delay of 183 days in filing the First Appeal. 2] The learned counsel for the applicant submits that due to injury, the applicant required money for hospitalization, as such, the applicant was not in a position to file the First Appeal within time. The applicant is a labourer. The learned counsel for the applicant submits that in case delay is not condoned, the substantial right of the applicant would be defeated. Considering the said fact, the present application may be allowed.

3] The learned counsel for the respondent has opposed the application for condonation of delay.

9333.10CA 4] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. First Appeal be registered.

5] Civil Application is disposed of accordingly. 6] First Appeal is admitted. On admission, Mr.U.S.Malte, learned counsel waives notice for respondent no.3.

7] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC