Balanath S/O Ganeshnath Jadhav And Another v. Smt. Mala Wd/O Pravin Dongre And Others

2024:BHC-NAG:6092 16 CAF-1716-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1716 OF 2022 I N FIRST APPEAL (ST) NO.6803 OF 2020 [Balanath Ganeshnath Jadhav and Anr. ..Vs.. Mala Wd/o Pravin Dongre and Ors] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms K. Dharashivkar, Adv. h/f Mr S. L. Kotwal, Advocate for Applicants/Appellants.

CORAM

: M. W. CHANDWANI, J.

DATE : 13 th JUNE , 202 4 .

.

Heard.

2.

By the present application, the applicants/appellants are seeking to condone the delay of 705 days, which is caused in preferring the appeal.

3.

The contention is that the appellant No.1 was attending the matter. However, he fell ill health, therefore, he could not attend the matter and the matter was proceeded ex-party. He was not aware about the development in the matter. Thereafter, the pandemic situation started in the entire country. When the appellant No.2 got knowledge of the impugned judgment, he applied for certified copies and filed the application for condonation of delay. 4.

Considering the fact that interregnum there was pandemic situation in the entire country. There was no counter affidavit filed by any of the non-applicants, though they were served. I am satisfied with the reasons mentioned TAMBE

16 CAF-1716-2022 in the application, therefore, the application is allowed and the delay of 705 days caused in filing the appeal is hereby condoned. The appeal be registered and numbered accordingly.

5.

The civil application stands disposed of.

FIRST APPEAL (ST) NO.6803 OF 2023.

6.

Heard.

7.

Issue notice to the respondents for final disposal at the admission stage, returnable within three weeks. JUDGE TAMBE