Balaji Madhavrao Munde v. Saraswati Navnath Jadhav And ORS

CA 1764/19 in FAST 32137/18 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CIVIL APPLICATION NO.1764/2019 IN FIRST APPEAL (ST) NO.32137/2018 BALAJI MADHAVRAO MUNDE

VERSUS

SARASWATI NAVNATH JADHAV AND OTHERS ...

Advocate for applicant : Shri G.L. Kedar Respondent nos.1 to 3 served.

Advocate for Respondent no.4 : Shri S.V. Natu Advocate for Respondent no.5 : Shri Mohit Deshmukh CORAM: V.L. ACHLIYA, J.

DATE: 17.01.2020 PER COURT :

1] The applicant has moved this application seeking condonation of 466 days delay in fling appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant and respondent nos.4 & 5. Respondent nos.1 to 3 though served are absent. 3] On due consideration of the submissions in the light of unchallenged and uncontroverted pleadings in the application assigning the cause for condonation of delay, I am of the view that the delay deserves to be condoned. If delay is not condoned, there is every likelihood that serious prejudice may cause to the applicant.

CA 1764/19 in FAST 32137/18 - 2 - 4] Present appeal is fled as a cross appeal. The appeal fled by the insurance company is already admitted. I am, therefore, of the view that the application deserves to be allowed. 5] Accordingly, the application is allowed in terms of prayer clause (B). Delay condoned. Appeal be registered. (V.L. ACHLIYA, J.) ndk/c1712013.doc