Sunanda Alias Hirabai Bapurao Dhumal v. Trimbak Hari Zhite L.Rs. Vijay Trimabak Zhite And Others

2025:BHC-AUG:22950

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13851 OF 2024 IN SAST/33162/2024 Sunanda Alias Hirabai Bapurao Dhumal

VERSUS

Trimbak Hari Zhite L.rs. Vijay Trimabak Zhite And Others Ms. M. V. Narwade h/f Mr. V. P. Narwade, Advocate for Applicant Mr. Jay Veer h/f Ms. Anjali Dube, Advocate for Respondent Nos. 2, 3, 5 to 7

CORAM

: R. M. JOSHI, J.

DATE : 22nd AUGUST, 2025 PER COURT :- 1.

Learned counsel for applicant has filed pursis on record indicating that the LRs of deceased respondent No. 4 are already on record. In view of this applicant is permitted to delete respondent No. 4 from the array of respondents.

2.

Learned counsel, Mr. Jay Veer, makes statement that he is appearing on behalf of Respondent No. 7. All respondents are served. 3.

This application is filed by the original plaintiff for condonation of delay of 168 days in filing second appeal against the judgment and decree dated 29.02.2024. It is contended by the applicant that she is lady and labour. For these reasons, appeal could not be filed in time. 981-CA-13851-2024.odt

4.

Learned counsel for respondent/original defendants opposed the application.

5.

Having regard to the fact that the appellant is a lady and owing to the financial constraints appeal could not be filed in time, this is fit case of condonation of delay of 168 days which is neither deliberate nor inordinate. Hence, application stands allowed. Appeal be registered. (R. M. JOSHI, J.) bsj 981-CA-13851-2024.odt