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Bombay High CourtCA/13679/2024admittedallowedgrantedrule absolute

Parvai Dattarao Pakhare And ORS v. Baliram Saguji Dange And ANR

2025-05-07Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:13771 51-CA-13679-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 51 CIVIL APPLICATION NO. 13679 OF 2024 IN FAST/31231/2024 PARVAI DATTARAO PAKHARE AND ORS

VERSUS

BALIRAM SAGUJI DANGE AND ANR ...

Mr. Agrawal Pawankumar Suryakiren, Advocate for Applicant Mr. A. S. Usmanpurkar, Advocate for respondent No.2, ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 07.05.2025 PER COURT :- .

Heard Mr. Agrawal, learned Advocate appearing for applicants and Mr. Usmanpurkar for respondent/insurance company.

2.

By this application, applicants are seeking to condone the delay of 588 days caused in filing appeal. 3.

Perused application and reasons as stated therein. It appears that applicants are litigating for getting just compensation towards death of bread earner of the family, who died in motor vehicular accident. The delay has been occasioned on account of financial difficulties and complying with various formalities. Delay is not intentional. Looking to the nature of litigation, application deserves to be allowed. Hence, following order:

(( 2 )) 51-CA-13679-25 ::ORDER::

a.

Civil Application is allowed.

b.

Delay of 588 days caused in filing appeal is hereby condoned.

c.

Appeal be registered.

4.

On registration of appeal, issue notice to respondents, returnable on 16.07.2025.

5.

Call for R & P.

6.

Mr. Usmanpurkar waives notice for respondent No.2. [ S. G. CHAPALGAONKAR, J. ] HRJadhav