Prabhakar Dagdoba Jogdand And Another v. Udhav Dattarao Dudhate And Another

1043 ca.12173.14 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1043 CIVIL APPLICATION NO. 12173 OF 2014 IN FAST/21917/2014 PRABHAKAR DAGDOBA JOGDAND ND ANOTHER

VERSUS

UDHAV DATTARAO DUDHATE ANDANOTHER ...

Advocate for Applicants : Mr. Chavan Sudhir K. Advocate for Respondents : Mr. P.D. Bachate .....

CORAM : V. K. JADHAV, J.

DATED : 3rd MARCH, 2017 PER COURT:- 1.

Heard learned counsel for the applicants and learned counsel appearing for respondent No.2. None appears for respondent No.1 though duly served. Learned counsel for the applicants submits that the unmarried son of applicants met with an accidental death and he was earning member of the family. Delay has been occurred due to financial constraints. Learned counsel for respondent No.2 has strongly resisted the application.

2.

In view of above submission made on behalf of the applicants and for the reasons stated in civil application, delay caused in filing first appeal is hereby condoned. Civil application is disposed of. 3.

In first appeal issue notice to the respondents, returnable on 13.4.2017. Call for record and proceedings.

4.

Learned counsel waives notice for respondent No.2. ( V. K. JADHAV, J.) rlj/