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Bombay High CourtCA/6879/2022admittedallowedgrantedrule absolute

Sumit Bapusaheb Kulkarni (Renapurkar) v. Jayshri Wd/O Ganesh @ Khandu Gade And ORS

2025-01-29Hon'Ble Shri Justice Sandipkumar C. More2 pages

921 CA 6879-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 6879 OF 2022 IN FIRST APPEAL (ST) NO. 29779 OF 2021 WITH CIVIL APPLICATION NO. 6880 OF 2022 IN FAST/29779/2021 SUMIT BAPUSAHEB KULKARNI (RENAPURKAR)

VERSUS

JAYSHRI WD/O GANESH @ KHANDU GADE AND OTHERS ...

Ms. Prajakta P. Deshmukh h/f. Mr. Milind M. Patil - Advocate for Applicant Mr. I.K. Wagh - Advocate for Respondent No.6 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 29th January, 2025 PER COURT :

1.

Under the pursis dated 23.01.2025, the learned Counsel for the applicant submitted that, respondent No.4 who was the father of deceased is no more and all his legal representatives are already on record in form of other claimants. As such, the name of respondent No.4 be deleted. The deletion be carried out forthwith. CIVIL APPLICATION NO. 6879 OF 2022 2.

Heard rival submissions.

3.

The respondents/claimants despite service remained absent. Pooja Kale 1/2

921 CA 6879-2022 The respondent No.6 - owner appears to be formal party. Learned Counsel for respondent No. 7 - Insurance Company despite appearance remained absent. The application is filed by applicant/original respondent No.2 - driver for condonation of delay of 781 days in filing First Appeal against the judgment and award dated 12.06.2019 in M.A.C.P. No.296 of 2013. There is no oppose to the application and therefore, by considering the reasons mentioned therein the application stands allowed in terms of prayer clause 'A' and disposed of accordingly.

4.

The appeal be registered after removal of office of office objections, if any.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2