Sojarbai Sheshrao Bhande And Another v. Laxman Shesherao Bhande And Others

14500.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.14500 OF 2022 IN SECOND APPEAL STAMP NO.7560 OF 2019 SOJARBAI SHESHRAO BHANDE AND ANOTHER

VERSUS

LAXMAN SHESHERAO BHANDE AND OTHERS ...

Advocate for the applicants : Mr.P.V.Gore h/f. Mr.V.D.Gunale ...

CORAM :ARUN R. PEDNEKER, J.

DATE :21.06.2023 P.C. :

1] The learned counsel for the applicants submits that the applicant no.1 is the old lady and she herself is looking after the proceedings. When the order of delay condonation was passed, prior to that, she was suffering from Covid-19 and she was admitted to the Government Medical College and Hospital at Aurangabad on 14.05.2021. The learned counsel for the applicants further submits that thereafter, she had taken further treatment in Yashwantrao Chavan Rural Hospital at Latur in the month of June, 2021. After long treatment, she came out from the Covid-19, but due to the side effect of remdesivir injections,

14500.22CA she suffered from mucormycosis diseases, therefore, she could not contact her advocate and deposit the amount of cost as directed by this Court within time. In respect of the medical treatment, the applicants have placed on record various documents. The learned counsel for the applicants further submits that the present Civil Application may be allowed.

2] In view of the same, the order dated 22.07.2022 passed in Civil Application No.4722 of 2020 is recalled. Three weeks time is granted to the applicants to deposit Rs.5,000/- as directed by the order dated 27.10.2021. Accordingly, Civil Application is disposed of. 3] In the event, the applicants fail to deposit the aforesaid amount within stipulated period, the order dated 22.07.2022 will stand restored.

[ARUN R. PEDNEKER] JUDGE DDC