Yashodabai Baburao Suralkar And ORS v. Altafbhai Abdulbhai Quereshi And ANR

ca762.17,etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1021 CIVIL APPLICATION NO. 762 OF 2017 IN FAST/36495/2016 YASHODABAI BABURAO SURALKA AND ORS

VERSUS

ALTAFBHAI ABDULBHAI QUERESI AND ANR ...

Advocate for Applicants : Mr Bhokarikar Madhav M Advocate for Respondent No. 2 : Mr S. G. Chapalgaonkar CORAM : V.K. JADHAV, J.

DATE : 28th April, 2017 ORAL ORDER Heard.

2.

Learned counsel for the applicants submits that due to financial constraints the applicants could not prefer the appeal within a period of limitation and thus, the delay has been occurred. 3.

The learned counsel for respondent No.2 strongly resisted the application on the ground that delay has not been explained satisfactorily. 4.

In view of the submissions made on behalf of the applicants and the fact that the bread winner of the family met with an accident, the delay of 676 days caused in preferring first appeal is hereby condoned. 5.

Civil Application is allowed and accordingly disposed of. (V.K. JADHAV, J.) amj