Nagesh Kashinath Athwale v. Namdeo Tukaram Pagare And ORS

1 9-ca11351-11.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11351 OF 2011 IN FIRST APPEAL [ST] NO.22425 OF 2011 Nagesh Kashinath Athwale ..Applicant

Versus

Namdeo Tukaram Pagare and ors.

..Respondents -- Mr.Vivek Bhavthankar, advocate for applicant Mr.Rahul Awsarmol, advocate for respondent no.1 Mr.S.R.Bagal, advocate for respondent no.3 -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 20, 2015 PER COURT :

Heard.

2] Deletion of name of respondent no.2 be carried out during the course of day.

3] By this application, delay of 134 days in filing the appeal is sought to be condoned by original claimants. It is submitted that the

2 9-ca11351-11.odt applicant was unemployed for number of months due to the disability received by him in the accident and therefore, he could not file the appeal in time.

4] Considering the reasons, the delay caused in filing the appeal is condoned. The application is allowed without any order as to costs.

[M.T. JOSHI, J.] kbp