Smt Prabhawati D/O Kalshya Vasave v. Shri Jeharsing Alias Jaising Poslya And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11800 OF 2014 IN CIVIL REVISION APPLICATION ST. NO.25620 OF 2014 Smt. Prabhawati d/o Kalshya Vasave, Age-31 years, Occu:Household, R/o-Molgi, Tq-Akkalkuwa, Dist-Nandurbar ...APPLICANT

VERSUS

1) Shri Jeharsing Alias Jaising Poslya Walvi, Age-55 years, Occu:Agri., R/o-At Present Sorapada, Tq-Akkalkuwa, Dist-Nandurbar,

2) Shri Nuna Babu Walvi, Age-70 years, Occu:Agri., R/o-Sorapada, Tq-Akkalkuwa, Dist-Nandurbar, Presently residing at:Navagaon, Navanagarmutha, Tq-Akkalkuwa, Dist-Nandurbar.

...RESPONDENTS ...

Mr.Amit A. Savale Advocate for Applicant.

Mr.Ravindra S. Shinde Advocate h/f. Mr. A.G.

Magare Advocate for Respondent No.1.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 22ND JANUARY, 2015

ORDER :

1.

Heard learned counsel for Applicant and learned counsel for Respondent No.1. Respondent No.2 though served, is absent.

2.

Learned counsel for Applicant submits that the Applicant is tribal and due to her poverty, she took time to file the present Revision and there is delay. He makes a request to condone the delay.

3.

Learned counsel for Respondent No.1 is opposing the Application stating that the delay is not sufficiently explained.

4.

Perused the Revision tendered. Considered the submissions advanced and the contents in the Application. In the interest of justice, delay is condoned, subject to payment of costs of Rs.2500/- (Rupees Two Thousand Five Hundred) to be paid to

Respondent No.1. The costs be deposited in this Court by 9th February, 2015. If the costs are not deposited within stipulated time, the present Application shall be treated as rejected, without back reference to Court.

5. The Civil Application stands disposed of, accordingly.

[A.I.S.CHEEMA,J.] asb/JAN15