← Library
Bombay High CourtCA/6223/2021delay condonatedrejected

Latabai Babasaheb Karad And ANR v. Sanjay Bajirao Jadhav And ORS

2022-02-25Hon'Ble Shri Justice Vinay Joshi2 pages

903ca6223.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.6223 OF 2021 IN FAST/31900/2019 LATABAI BABASAHEB KARAD AND ANR

VERSUS

SANJAY BAJIRAO JADHAV AND ORS ...

Advocate for Applicants : Mr. P.C. Mayure h/f Mr.Badakh Vishal S. Advocate for Respondent No. 1 : Mr.Tarde Vivek V. Advocate for Respondent Nos. 2 & 4 : Mr.Swapnil Rathi ...

CORAM : VINAY JOSHI, J.

DATE : 25th FEBRUARY 2022.

PER COURT :

1.

The applicants were the original claimants seeking for condonation of delay of 291 days, caused in filing the appeal for enhancement of amount. The reasons for delay are set out in para 3 and 4 of the application.

2.

The learned counsel appearing for other side objected to condone the delay by contending that the delay has not been sufficiently explained.

3.

Basically it was a death claim, where the earning hand of the family has been lost. The claimants are a widow and a son of the deceased. It is contended that due to communication gap, they required time to take advise and file appeal. Having regard to the

903ca6223.21 nature of the litigation and the reasons stated in the application the delay stands condoned.

4.

Application is disposed of.

5.

Appeal be registered accordingly.

( VINAY JOSHI, J. ) mahajansb/