Smt. Venubai Wd/O Yashwant Pandagale v. Shri Vishwanath Manik Mohod And Another

2023:BHC-NAG:15617 9-CAS 166-21 in SAst 3715-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.

OF 20 IN SECOND APPEAL (ST.) NO. 3715 OF 2021 SMT. VENUBAI WD/O. YASHWANT PANDAGALE ...VERSUS...

SHRI VISHWANATH MANIK MOHOD AND ANR.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.W.Deshpande, Advocate for appellant.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd OCTOBER , 2023 DATE :

Heard the learned counsel for the appellant.

2.

In spite of service, none appears for the respondents. 3.

The present application is filed for condonation of delay. There is delay of 814 days in filing Second Appeal. 4.

It is submitted that the applicant/appellant was suffering with chronic Asthama, hypertension and giddiness. Therefore, the delay in filing Second Appeal has been caused. It appears that after the order of this Court, the appellant had filed medical certificate along with Pursis dated 02/02/2023 which was taken on record. 5.

The appellant was already saddled with the costs of Rs. 5,000/- which is duly paid by her and the necessary acknowledgement is kept on record.

6.

For the reasons stated in the application, the application is allowed. Delay in filing Second Appeal is hereby condoned.

9-CAS 166-21 in SAst 3715-21.odt 7.

Registry is directed to register the Second Appeal. 8.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar