Shahubai Madhavrao Jadhav And Another v. Sangram Datta Jadhav And Others

{1} ca12166-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12166 OF 2016 IN SECOND APPEAL STAMP NO.26241 OF 2016 Shahubai Madhavrao Jadhav and Another APPLICANTS

VERSUS

Sangram Datta Jadhav and Others RESPONDENTS .......

Mr. Amol S. Gandhi, Advocate for the applicants Mr. V. B. Dhage, Advocate for respondents No.1 to 4 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 25 th NOVEMBER, 2016 ORDER :

1.

Heard learned advocate for the parties.

2.

Learned advocate for the applicants states that the applicants are ladies and are not conversant with legal procedure and the court proceedings and are rather shy of facing society, due to this, there had been intermittent hiatus in the communication with the advocate and under the circumstances, the decision rendered at the appellate stage could not be noticed by them for quite a while after the appeal was dismissed. Even the communication dismissing appeal did not reach them.

{2} ca12166-16 3.

Learned advocate for the respondent Mr. Dhage purports to oppose the application referring to that delay is about eight months and may not be said to be properly accounted for. 4.

Though learned advocate for the respondents submits so, yet he is not in a position to seriously challenge veracity of the reasons as are given under the application.

5.

In the circumstances, I deem it expedient to condone the delay and grant civil application subject to payment of costs of Rs.1000/- to the defendants.

6.

Accordingly, civil application stands granted in terms of prayer clause "B" and is disposed of. Payment of costs of Rs.1000/- be deposited in this court within a period of ten weeks from today for onward disbursal to the defendants. [SUNIL P. DESHMUKH, J.] drp/ca12166-16