Sukanya Ramesh Hange v. Ramesh Parbatrao Hange And Others

2025:BHC-AUG:34949 1 952.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO. 3612 OF 2023 SUKANYA RAMESH HANGE

VERSUS

RAMESH PARBATRAO HANGE AND OTHERS ...

Advocate for the Petitioner : Mr. Pokale Dnyaneshwar B. Advocate for Respondent No. : Mr. Shinde Ram S. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 11.12.2025 PER COURT :

.

Heard learned counsel for respective sides.

2.

By way of present petition, the petitioner is challenging the order dated 19.04.2018 passed by learned District Judge-3 Beed in Misc.Civil Application No.24 of 2017 and order dated 30.11.2021 passed below Exh.1 in Civil M.A.No.98 of 2018.

3.

The counsel for petitioner submits that the petitioner has filed application below Exh.01 for condonation of delay in filing application for restoration of Misc.Civil Application No.24 of 2017 which was dismissed in default. The learned trial court has failed to appreciate the grounds raised by the petitioner that she is a student and she could not attend the court due to her exams on the relevant dates. The petitioner has sufficiently explained the delay therefore, the learned trial court ought to have allowed the application for condonation of delay.

2 952.doc 4.

I have gone through the order dated 30.11.2021 passed by the trial court, it reveals that the petitioner has sufficiently explained the delay and to afford her one more opportunity to contest the application on merit, it is necessary to allow the present petition. Therefore, I am inclined to allow the present petition.

4.

In view thereof, the Writ Petition is allowed. The order dated 19.04.2018 passed by learned District Judge-3 Beed in Misc.Civil Application No.24 of 2017 and order dated 30.11.2021 passed below Exh.1 in Civil M.A.No.98 of 2018 are quashed and set-aside subject to cost of Rs.25,000/- to be deposited to the Cancer Hospital, Aurangabad.

5.

The petitioner to deposit the cost within a period of two weeks from today. If petitioner deposits the cost, the appeal be restored and the same shall be decided within a period of three months thereafter. ( SIDDHESHWAR S. THOMBRE, J.) vsj..