Shravan Valji Patil v. Ramesh Surajmal Agrawal Lrs Kiran And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.13114 OF 2018 IN SAST/27375/2018 SHRAVAN VALJI PATIL

VERSUS

RAMESH SURAJMAL AGRAWAL LRS KIRAN AND OTHERS ...

Advocate for Applicant : Mr. Amol Joshi holding for Mr. Deshmukh Rajendra S.

Advocate for Respondent No.1 and 2 : Mr. Manoj Shinde holding for Mr. Goyanka M.K.

...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 20-03-2019.

PER COURT :

1.

Present application has been filed for getting the delay of 91 days condoned for filing second appeal. The applicant contends that, he is a 81 year old pensioner and he could not travel freely from Jalgaon to Aurangabad to instruct the advocate, and therefore, the delay has been caused.

2.

The application has been strongly opposed by the respondents No.1 and 2 on the ground that the reason for the delay is not sufficient and reasonable. The delay of every day has not been explained.

CA 13114-2018 3.

Taking into consideration the fact that, applicant is 81 years old pensioner, that itself is a sufficient ground to condone the delay and it is reasonable also. Hence application is allowed. Delay is hereby condoned. Registry to verify and to give the number to second appeal and place it for consideration on 18-04-2019. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.