Bapurao Prabhuappa Khavde Thr Gpa Kalyan Bapurao Khavde v. Bapurao Banderao Shete Died Thr Lrs Bakulabai And ORS

112ca8965.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 112 CIVIL APPLICATION NO. 8965 OF 2023 IN SAST/19763/2023 BAPURAO PRABHUAPPA KHAVDE THR GPA KALYAN BAPURAO KHAVDE

VERSUS

BAPURAO BANDERAO SHETE DIED THR LRS BAKULABAI AND ORS ...

Advocate for Applicant : Mr. Mayure Pramod C. Advocate for Respondents : Mr.Ghatge Mahesh V. (Through V.C.) ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 13.03.2025 PER COURT :- 1.

Heard learned Advocate appearing for respective parties. 2.

Applicant seeks condonation of delay of 46 days caused in filing Second Appeal.

3.

Learned Advocate appearing for respondents vehemently opposes application.

4.

Perusal of application shows that applicant could not approach in time because of financial constrains. Aforesaid contention is refuted by filing affidavit-in-reply contending that relatives of the applicant are having sufficient financial means, however that can't be considered while deciding financial capacity of the applicant. In that view of the matter, a pragmatic view has to be taken. Hence application stands allowed.

5.

Delay of 46 days caused in filing Second Appeal stands condoned. 6.

Second Appeal be registered subject to removal of office objections, if any.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/