Shaktibai Ravindra Pariwal (Yadav) And ORS v. Maroti Baliram Tandale And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1900 OF 2024 IN FAST/37035/2023 Shaktibai Ravindra Pariwal (Yadav) & others ....Applicants

VERSUS

Maroti Baliram Tandale & another .....Respondents .....

Mr. D. Y. Nandedkar, Advocate for Applicants. CORAM : R. M. JOSHI, J.

DATE : 21st JULY, 2025.

PER COURT :

1.

None for the Respondents inspite of service of notice. 2.

This Application is for condonation of delay of 1698 days in filing the First Appeal against the judgment and order dated 05.01.2019 passed in MACP No. 205/2008. It is the contention of Applicants/original claimants that on account of financial constraints so also owing to the restrictions during Covid 19 Pandemic, the Appeal could not be filed in time. 3.

Absence of Respondents indicates that they have no intention to oppose the Application.

- 2 - ca1900.24.odt 4.

Considering the reasons mentioned in the Application, no malafides can be attributed against the Applicants for not preferring the Appeal against the impugned order in time. Learned counsel for Applicants, on instructions, makes a statement that the Applicants would not claim any interest on enhanced amount in the first appeal, if any, for the period from the date of the impugned order till registration of First Appeal. This statement takes care of the interest of the Respondents.

5.

In view of above, Application is allowed. Applicants/Appellants would not be entitled to receive any interest on the enhanced amount, if any, from the date of the impugned order till registration of First Appeal. Appeal be registered. ( R. M. JOSHI) Judge dyb