Vaishali @ Shalu Wd/O Vijay Chavan And Others v. Lakhan @ Chetan Kailash Rathod And Another

2024:BHC-NAG:3340 1 29 caf 1523.22.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CA F ) NO.

OF 202 IN FIRST APPEAL ST.

NO.

OF 20 Vaishali @ Shalu Wd/o Vijay Chavan and others VS.

Lakhan @ Chetan Kailash Rathod and another _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Raju Kadu, Advocate for appellants.

Mr. Vinay Dahat, Advocate h/f Mr. J.B. Kasat, Advocate for respondent No.1. Mrs. Mrunal Naik, Advocate for respondent No.2. CORAM :

G.A. SANAP, J.

DATE :

th MARCH, 2024.

Heard.

2.

This is an application for condonation of delay caused in filing the appeal against the judgment and decree dated 19.07.2018. Perused the record and proceedings. 3.

The period of limitation for filing the appeal expired prior to COVID-19 Pandemic. The right to file appeal accrued much prior to COVID-19 Pandemic. This appeal was filed on 17.06.2022.

2 29 caf 1523.22.odt. 4.

In my view, considering the reasons stated in the application the delay is condoned. However, the appellants shall not be entitled to get the interest for period from date of judgment from 19.07.2018 to 17.06.2022.

2.

The appeal be registered.

3.

The application stands disposed of, accordingly. FIRST APPEAL ST. NO.

OF 2022 4.

Heard.

5.

Mr. Vinay Dahat, learned holding Advocate waives service of notice on behalf of respondent No.1. 6.

Mrs. Mrunal Naik, learned Advocate waives service of notice on behalf of respondent No.2.

7.

Call R and P.

8.

Paper book be filed within 12 week from the date of receipt of record and proceedings.

(G. A. SANAP, J.) manisha