Subhadrabai Dagdu Jadhav v. Radhikabai Ambaji Kamble And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO.13327 OF 2018 IN SAST/2200/2016 SUBHADRABAI DAGDU JADHAV

VERSUS

RADHIKABAI AMBAJI KAMBLE AND ANR ...

Advocate for Applicant : Mr.Kulkarni Suvidh S. Advocate for Respondent No.1 : Mr. S. B. Gastgar ...

WITH CA/1582/2016 IN SAST/2200/2016 WITH CA/1583/2016 IN SAST/2200/2016 WITH CA/7023/2018 IN SAST/2200/2016 ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 13-02-2019.

ORAL ORDER :

1.

Heard learned advocate appearing for the applicant in the nutshell. The applicant is seeking permission to deposit amount of Rs.50,000/- in view of order dated 25-04-2017 passed by this Court in Civil Application No.1582 of 2016 in Second Appeal (Stamp) No.2200 of 2016.

2.

It is contended that, there is delay of about 1 1⁄2 years. It is stated by the applicant that, since she is a daily wage earner it was difficult for her to collect huge amount. she contends that, she is in

Civ.Appln 13327-2018 possession and to show bona fides this Court had directed her to deposit amount of Rs.50,000/-. Now she has arranged that amount and intends to deposit the same.

3.

The respondent No.1 was served after the learned advocate appearing for respondent No.1 has filed discharge pursis. Since there is no challenge and the applicant intends to show her bona fides though belatedly, taking into consideration the age of the applicant, her illiteracy and since she is coming from rural background, leniency is shown. She is allowed to deposit the said amount with this Court within a period of one week from today. Application stands disposed of.

4.

Place the matter i.e. delay condonation application for consideration on 04-03-2019.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.