Ramchandra S/O Tulsiram Jogi And Others v. Kishor S/O. Hansraj Jadhav

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.2416 OF 2024 IN FIRST APPEAL ST. NO.16477 OF 2024 [Shri Ramchandra s/o Tulsiram Jogi and others vs. Kishor s/o Hansraj Jadhav and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Rutuja Narale, Adv. h/f Mr. R.R. Vyas, Advocate for Applicants. Mr. A.M. Kukday, Advocate for Respondent No.2. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 2 nd DECEMBER, 2024.

1.

This is an application for condonation of delay of 475 days caused for filing the appeal.

2.

Perused the application.

3.

Heard the learned advocates for both sides.

4.

Learned advocate for the applicants pointed out that the applicants are not educated and they are not having the knowledge of law. He further pointed out that applicant no.1 was suffering the ailment of eye disease and he gradually started going blindness. He is poor. He further pointed out that the delay is not deliberately caused. Hence, he prayed to allow the application.

5.

Learned advocate for respondent no.2 has opposed the application.

6.

Considering the reasons stated in the application that the delay is not deliberately caused and on the contrary due to poor financial position of the applicants, the delay is caused. Hence, the application therefore deserves to be allowed in the

2 24caf2416.24.odt interest of justice. The application is allowed. The delay is hereby condoned.

7.

The application is allowed and disposed of.

First Appeal St. No.16477/2024 1.

Heard.

2.

Issue notice to the respondents, returnable after six weeks.

3.

Mr. Kukday, learned advocate waives notice for respondent no.2.

4.

Call for record and proceedings.

(SANJAY A. DESHMUKH, J.) Gulande