Shamal Nivratti Gaikwad And ANR v. Salajit Bhaurao Panchal And ANR

7-CA-1201-2018

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1201 OF 2018 IN FIRST APPEAL (ST) NO. 35123 OF 2017 WITH FIRST APPEAL (ST) NO. 35123 OF 2017 SHAMAL NIVRATTI GAIKWAD AND ANOTHER

VERSUS

SALAJIT BHAURAO PANCHAL AND ANOTHER ...

Mr. Fayaz K. Patel - Advocate for Applicants Mr. Shritej Surve h/f. Mr. A.A. Yadkikar - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th April, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 410 days, which appears to be caused due to their poor financial condition.

3.

The learned counsel for respondent no.1 strongly opposed the application on the ground that, no reasonable cause is mentioned for condoning the delay period and there is also circulation delay.

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7-CA-1201-2018 4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application allowed and the delay of 410 days stands condoned subject to condition that, the applicants shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The application is accordingly disposed of.

FIRST APPEAL (ST) NO. 35123 OF 2017 7.

Call for record and proceedings.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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