← Library
Bombay High CourtCA/2687/2019delay condonatedrejected

Rangubai Hari Adhav v. Deoram Karbhari Lande And ANR

2023-10-18Hon'Ble Shri Justice Kishore C. Sant2 pages

{1} 20-CA-2687-2019

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2687 OF 2019 IN FAST/33956/2018 RANGUBAI HARI ADHAV

VERSUS

DEORAM KARBHARI LANDE AND ANR ...

Mr. Adhav h/f. Mr. R.K. Temkar, Advocate for applicant. Mr. Jeevan Patil h/f. Mr. A.G. Kanade, Advocate for respondent No. 2.

.......

CORAM : KISHORE C. SANT, J.

DATE : 18th OCTOBER, 2023 PER COURT:

1.

Heard the parties.

2.

This application is filed seeking condonation of delay of six days caused in filing the first appeal challenging the judgment and order passed in MACP No. 69/2014 to the extent of not allowing the entire claim of the claimant. 3.

Learned advocate for the applicant submits that delay is unintentional and is not deliberate. 4.

Learned advocates for respondent Nos. 1 and 2 opposes the application stating that no sufficient ground is made out to condone the delay.

Bhagyawant Punde

{2} 20-CA-2687-2019 5.

Considering the fact that delay is only of six days and the appeal is by claimants, this Court finds that delay deserves to be condoned. Hence, the following order:

ORDER

(i) Civil Application is allowed.

(ii) Delay in filing appeal is condoned.

(iii) Office to register the First Appeal and after registration fix the same for admission after three weeks.

(iv) Civil Application stands dispose of.

[KISHORE C. SANT, J.] Bhagyawant Punde