Shankar Pandurang Sakhare And ANR v. Shankar Mahadev Lokhande

2024:BHC-AUG:6677 905CA11180-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 11180 OF 2023 IN SAST/26216/2023 WITH CIVIL APPLICATION NO. 11181 OF 2023 IN SAST/26214/2023 SHANKAR PANDURANG SAKHARE AND ANR

VERSUS

SHANKAR MAHADEV LOKHANDE Mr. Vinayak H. Solanke h/for Mr. R. T. Deshmukh, Advocate for Applicants Ms. Vishakha Patil, i/by Talekar And Associates, Advocate for the Respondents

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 22nd March, 2024 ORDER:

1.

Heard learned counsel appearing for the applicants and learned counsel for the respondent at length. 2.

By the present applications, the applicants prayed for condonation of delay of 92 days caused while lodging the appeal against the judgment and order passed by the first appellate court dated 06.02.2023 arising out of the judgment and decree dated 29.08.2019 passed by the Joint Civil Judge (JD), Kalam in Regular Civil Suit No. 259 of 2019.

3.

The learned counsel appearing for the respondent strongly resisted the application on the ground that delay is not bonafide and it has not been sufficiently explained by the applicants.

905CA11180-23 4.

It is settled law that the litigants should not be deprived from receiving justice on technical ground and if the delay is bonafide and sufficiently explained, the court should take a liberal approach while condoning the delay.

5.

In the case in hand, the reason assigned for the delay is that the applicants are old aged persons and due to their ailment, they could not knock the doors of the court within the prescribed period and, therefore delay of 92 days caused, which appears to be bonafide and and substantial.

6.

In view of the above, the applications are allowed. The delay is hereby condoned.

7.

Office to register the appeals and place before this Corut for further action on 18.04.2024.

( Y. G. KHOBRAGADE, J. ) JPChavan