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Bombay High CourtCAF/410/2020delay condonatedrejected

Rekha Wd/O Surendra Ninave And Others v. Rabindranath S/O Arjun Pramanik And Another

2023-06-14Hon'Ble Smt. Justice M. S. Jawalkar2 pages

17 caf 410-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 410/2020 IN FIRST APPEAL STAMP NO. 15145/2019 Rekha Wd/o Surendra Ninave and others Vs.

Rabindranath S/o Arjun Pramanik and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Ms Rashmi Mankar, Advocate h/f Shri P.S. Patil, Advocate for appellants Ms Anita Mategaonkar, Advocate for respondent No.2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 14/06/2023 Present application is filed for condonation of delay of 29 days in filing first appeal. It is submitted that the applicant No.1 is the widow and Nos.2 and 3 are children of deceased Surendra S/o Manohar Ninave, who met with an accident. The applicant could not file the application for want of sufficient fund to raise court fee. As such, there is delay of 29 days.

2.

The learned Counsel for respondent No.2, raised her objection for condoning the delay, however for the delay of 29 days which is not inordinate and the reasons, for which it is caused, I am of the opinion that it is justifiable and liable to be condoned. As such, application is allowed. Jayashree..

17 caf 410-2020.odt 3.

Delay in filing first appeal is hereby condoned. 4.

Registry is directed to register first appeal. 5.

After registration of the first appeal, issue notice to the respondents, returnable within three weeks. 6.

Learned Counsel Ms Mategaonkar, waives notice for respondent No.2.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..