Baban Trimbak Jadhav And ANR v. Madhukar Pandu Rathod And ANR

*1* 47ca4254o25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4254 OF 2025 IN SAST/21250/2024 WITH CIVIL APPLICATION NO. 4255 OF 2025 IN SAST/21250/2024 BABAN TRIMBAK JADHAV AND ANR

VERSUS

MADHUKAR PANDU RATHOD AND ANR ...

Shri Sachin G. Joshi, Advocate for the Applicants. Ms. J.R. Nawale, Advocate for Respondent Nos.1 and 2. ...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 07th July, 2025 Per Court :- 1.

Heard learned advocate Shri Joshi for the applicants. 2.

Civil Application No.4254/2025 is for condonation of delay in filing the Second Appeal.

3.

In response to the Civil Application, learned advocate Ms.Nawale appears for respondent Nos.1 and 2. 4.

Learned advocate for the applicants submits that delay occurred on account of reasons mentioned in paragraph

*2* 47ca4254o25 No.11 of the application. These applicants are illiterate persons with weak economic condition and after the judgment in the Regular Civil Appeal, some time was consumed in collecting documents and arranging expenses for filing the Second Appeal. He submits that delay is not intentional and it needs to be condoned in the interest of justice.

5.

Learned advocate for respondent Nos.1 and 2 opposes the application and submits that there is no sufficient cause to condone delay.

6.

Considering the contents of the Civil Application and the submissions advanced, delay of 60 days in filing the Second Appeal is condoned. The Second Appeal be registered. Civil Application No.4254/2025 is disposed of. kps ( PRAFULLA S. KHUBALKAR, J.)