Balkrushna Babanrao Mhaske v. Irphan Ahmed Biyanbani And ORS

52 ca.3205.08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 3205 OF 2008 IN FAST/24251/2007 BALKRUSHNA BABANRAO MHASKE

VERSUS

IRPHAN AHMED BIYANBANI AND OTHERS ...

Advocate for Applicant : Mr. N. C. Garud.

Advocate for Respondent No.3 : Mr. D. V. Soman. ...

CORAM :

V. K. JADHAV, J.

DATE :

04th January, 2017.

P.C.:

.

Heard the learned counsel appearing for Applicant and the learned counsel for Respondent No.3.

The learned counsel for Applicant submits that the Applicant had sustained the injuries in the accident, which resulted into permanent disablement to the extent of 100%. It pertains to the brain injury. The learned counsel submits that the Applicant could not prefer the appeal within time due to his financial weak condition. Learned counsel for Respondent No.3 strongly resisted the application.

In view of the above submissions and for the reasons stated in the application, the application is allowed and the delay of 144 days

52 ca.3205.08.odt caused in filing the first appeal is hereby condoned. Civil application is accordingly disposed of.

[ V. K. JADHAV, J. ] ndm