Girdhar Shivram Patil, L.Rs. Shakuntalabai And Others v. Shriram Mandir Sansthan, Kothali Khurd Through Its Trustees

CA/9822/2013

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9822 OF 2013 IN SAST/22148/2013 GIRDHAR SHIVRAM PATIL, L.RS. AND OTHERS

VERSUS

SHRIRAM MANDIR SANSTHAN THROUGH ITS TRUSTEES ...

Advocate for Applicants : Shri Magare Ajaykumar G. Advocate for Respondents 1 to 9 : Shri Natu S.V. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: March 19, 2015 ...

PER COURT :- 1.

The applicants pray for condonation of 526 days delay in preferring the Civil Application. Reasons are set out in the application. Further contention is that the applicants are aged and illiterate persons and are the legal representatives of the erstwhile litigant Girdhar Shivram. They are in a weak financial condition. Delay is neither intentional nor deliberate. 2.

Shri Natu, learned Advocate appearing on behalf of the respondent - Trust and all the trustees seriously opposes the application on the ground that the reasons assigned do not justify / support the request for condonation of delay.

3.

In the light of the above, the Civil Application is allowed. Delay of 526 days is condoned. The applicants shall deposit an amount of Rs.5,000/- in this Court, within the period of six weeks from today. Shri Natu submits

CA/9822/2013 that the said costs be deposited in R.D.No. 41 of 2013 before the Civil Judge (J.D.), Nandurbar Court. Learned Advocate for the applicants has no objection.

4.

Upon depositing the costs, the applicants shall produce a receipt in this proceeding, pursuant to which the Second Appeal will be registered. 5.

In the event the costs are not deposited as ordered above, this order shall stand recalled and the Civil Application shall stand rejected. ( RAVINDRA V. GHUGE, J. ) ...

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