Pandharinath Kashiram Borse (Kumbhar) And ANR v. Anita Jitendra Borse And ORS

61 CA-7670-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 61 CIVIL APPLICATION NO. 7670 OF 2023 IN FIRST APPEAL (ST) NO. 18097 OF 2023 WITH CA/7671/2023 IN FAST/18097/2023 PANDHARINATH KASHIRAM BORSE (KUMBHAR) AND ANOTHER

VERSUS

ANITA JITENDRA BORSE AND OTHERS ...

Mr. D.D. Pande - Advocate for Applicants Mr. V.P. Raje - Advocate for Respondent Nos.1 and 2 Mr. M.R. Wagh - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 7th August, 2023 PER COURT :

CIVIL APPLICATION NO. 7670 OF 2023 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 403 days, which appears to be caused due to their poor financial condition.

3.

There is no strong objection from the other side. The respondent No. 4 - Insurance Company despite service Pooja K.

1/2

61 CA-7670-2023 remained absent.

4.

Therefore, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 403 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid delay.

5.

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

6.

The application is accordingly disposed of.

CIVIL APPLICATION NO. 7671 OF 2023 7.

Heard rival submissions.

8.

The application is kept for final disposal alongwith the main appeal.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

2/2