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Bombay High CourtCA/305/2008disposed offdismissed for default

Sangeeta Bhanudas Jadhav And ORS v. Bhanudas Namdeo Petare And ORS

2017-01-04Hon'Ble Shri Justice V.K. Jadhav2 pages

51 appln.305.08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 305 OF 2008 IN RC/583/2006 SANGEETA BHANUDAS JADHAV AND OTHERS

VERSUS

BHANUDAS NAMDEO PETARE AND OTHERS ...

Advocate for Applicant : Mr. M. K. Deshpande. Advocate for Respondent No.3 : Mr. S. G. Chapalgoankar. Advocate for Respondent No.5 : Mr. V. P. Latange. Advocate for Respondent No.6 : Mr. D. V. Soman. ...

CORAM :

V. K. JADHAV, J.

DATE :

04th January, 2017.

P.C.:

.

Heard the learned counsel for Applicants, the learned counsel appearing for Respondent No.3 and the learned counsel for Respondent No.5 as well as the learned counsel appearing for Respondent No.6.

None present for Respondent Nos.1 and 2.

The learned counsel for Applicants submits that Applicant No.1 is a widow and she has no independent source of income. Further, she has to maintain Applicant Nos.2 to 4, who are minors Applicants and further to take care of Applicant No.5 aged mother-in-law. Learned counsel for Respondent No.3, learned counsel for

51 appln.305.08.odt Respondent No.5 and the learned counsel for Respondent No.6 strongly resisted the application.

In view of the above submissions and for the reasons stated in the application, the civil application is allowed and the delay of 454 days caused in filing the first appeal is hereby condoned. Civil application is accordingly disposed of.

[ V. K. JADHAV, J. ] ndm