Shalanbai Bhagwan Shinde v. Chaturbai Shamrao Shinde And Others

2025:BHC-AUG:16965 *1* 962ca9585o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9585 OF 2024 IN SAST/21932/2024 SHALANBAI BHAGWAN SHINDE

VERSUS

CHATURBAI SHAMRAO SHINDE AND OTHERS ...

Shri D.R. Markad, Advocate for the Applicant. Shri P.B. Shirsat, Advocate for the Respondents. ...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 01st July, 2025 Per Court :- 1.

Heard learned advocates appearing for the respective parties.

2.

This is an application for condonation of delay in filing the Second Appeal.

3.

Learned advocate for the applicant submits that the delay is of 66 days, which occurred since the applicant was not able to immediately take steps for filing the Second Appeal on account of the fact that she is dependent on her brother. It is stated that some time was consumed in arranging the court fees and for collecting documents for the purpose of filing the Second

*2* 962ca9585o24 Appeal. It is contended that delay is not deliberate and not intentional and same needs to be condoned.

4.

Learned advocate for the respondents opposes the application and submits that although the delay is short, however, the reasons mentioned for condonation of delay are not sufficient.

5.

In view of the reasons mentioned for condonation of delay as stated in paragraph Nos.3 and 4 of the application and having considered the submissions, delay of 66 days needs to be condoned in the interest of justice. The Civil Application is allowed. The Second Appeal be registered.

kps ( PRAFULLA S. KHUBALKAR, J.)