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Bombay High CourtCA/15092/2022delay condonatedrejected

Kaveribai Balkrishna Jangle And Another v. Krishna Bhaskarrao Murkute And ANR

2023-02-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15092 OF 2022 IN FIRST APPEAL ST. NO. 28357 OF 2022 Kaveribai w/o Balkrishna Jangle and another Applicants

Versus

Krishna s/o Bhaskarrao Murkute and another Respondents Mr. Rahul D. Khadap, advocate for the Applicants Mr. S. B. Solunke, advocate holding for Mr. A. R. Gaikwad, advocate for Respondent No.1.

Mr. A. B. Chate, AGP for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th February, 2023.

PC :

Heard rival submissions.

The applicants-claimants are seeking condonation of delay of 152 days, which appears to be caused due to their financial crisis.

The learned Counsel for Respondent No.1 strongly opposed the application on the ground that delay is not properly explained.

{2} ca15092.22.odt However, considering the statutory right of the applicants, delay of 152 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay.

Appeal be placed for admission after removal of office objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb