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Bombay High CourtCA/2827/2019admittedallowedgrantedrule absolute

Laxmibai Shankar Rapanwar And ORS v. Devidas Chandu Sonkamble And ANR

2024-01-22Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2827 OF 2019 IN FAST/27793/2018 LAXMIBAI SHANKAR RAPANWAR AND ORS

VERSUS

DEVIDAS CHANDU SONKAMBLE AND ANR Mr. K. M. Nagarkar, Advocate for the applicants Mr. Anand Dale, Advocate h/f Mr. S. S. Rathi, Advocate for respondent No.2.

CORAM

: R. M. JOSHI, J.

DATE : 22nd JANUARY, 2024 P.C. :- 1.

Application is for condonation of delay of 537 days in filing appeal against the judgment and order dated 19th December, 2016 passed in MACP No. 313 of 2012. Claim petition was filed for seeking compensation in respect of death of husband of applicant No.1 and father. It is contended on account of financial crises they could not file appeal in time.

2.

Learned counsel for the respondent No.2 strongly opposed the application with the contention that no case is made out for condonation of delay. None appears for respondent No.1 though served. 3.

The appellants could not file appeal in time. The reasons 6.ca2827.19.odt

mentioned in the application for condonation of delay are sufficient in the fact and circumstances of the case. In view of this, application is allowed in terms of prayer clause 'B'.

4.

Appeal be registered.

(R. M. JOSHI, J.) ssp 6.ca2827.19.odt