Jamuna W/O Shivram Nikam And ANR v. Subhash S/O Shravan Khandizod Died Thr Lrs Sangita Subhash Khandizod And ORS

{1} 36 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15509 OF 2023 IN SAST/39560/2023 JAMUNA W/O SHIVRAM NIKAM AND ANR ....Applicant

VERSUS

SUBHASH S/O SHRAVAN KHANDIZOD DIED THR LRS SANGITA SUBHASH KHANDIZOD AND ORS .....Respondent .....

Advocate for Applicant : Mr. Telgaonkar Nitin U. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 4th March, 2025.

P.C. :- 1.

Heard Mr. Talegaonkar, learned advocate for applicants. Applicants seek to condone delay of 181 days caused in filing the second appeal. Notice of this application is served upon respondents. None appears.

2.

It is submitted that applicants are old aged ladies and they are residing at their matrimonial homes. Both of them are suffering from physical ailments. They do not have independent source of income and they are dependent upon others. Hence, they could not take necessary steps to engage a lawyer for filing present appeal in time. 3.

It is apparent that applicants are litigating for right over the immovable property. It is not discernible that they took any advantage by making delay in filing appeal.

{2} 36 sr.no..odt 4.

Considering the reasons as stipulated in the application, which are un-controverted, sufficient cause is made out. Hence, application is allowed. Delay of 181 days caused in filing appeal is hereby condoned. Appeal be registered after removal of office objections.

[S.G. CHAPALGAONKAR, J] grt/-