Bharati Pandurang Deshmukh And ORS v. Noor Mohmad Bashirkhan Pathan And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12746 OF 2013 IN FAST/28532/2011 Bharati Pandurang Deshmukh & others ....Applicants

VERSUS

Noor Mohmad Bashirkhan Pathan & others .....Respondents Mr. K. M. Nagarkar, Advocate for the Applicants. Mr. S. R. Bagal, Advocate for Respondent No. 5. CORAM : R. M. JOSHI, J.

DATE : 15th OCTOBER, 2025.

PER COURT :

1.

This is an Application for condonation of delay of 83 days in filing Appeal against the judgment and award dated 28.03.2011 passed in MACP No. 605/2006.

2.

None present for the Respondents except learned counsel for Respondent No. 6. He objects allowing of the Application. 3.

Record indicates that by order dated 24.09.2025, it was directed to proceed with the Application in absence of Respondent No. 4.

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Perusal of the Application indicates that no malafides an be attributed against the Applicants for not preferring the Appeal in time. Delay is satisfactorily explained. Hence, Application stands allowed in terms of prayer clause 'B'. Appeal be registered. ( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15600 OF 2022 IN FAST/28532/2011 Bharati Pandurang Deshmukh & others ....Applicants

VERSUS

Noor Mohmad Bashirkhan Pathan & others .....Respondents Mr. K. M. Nagarkar, Advocate for the Applicants. Mr. S. R. Bagal, Advocate for Respondent No. 5. CORAM : R. M. JOSHI, J.

DATE : 15th OCTOBER, 2025.

PER COURT :

In view of order dated 24.09.2025, Civil Application No. 15600/2022 stands disposed of.

( R. M. JOSHI) Judge dyb