Madhuri Surendra Piprewar v. Surendra Balram Piprewar

934.appa.871.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.871 OF 2024 IN CRIMINAL APPEAL (ST.) NO.6324 OF 2024 (Madhuri w/o Surendra Piprewar Vs. Surendra s/o Balram Piprewar and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms B.N. Gavhale, Advocate (appointed) for the appellant. Mr. D.V. Mahajan, Advocate for the respondents. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 18, 2025.

By this application, the applicant is seeking condonation of delay which is caused in preferring the appeal.

2.

As per the reasons mentioned by the applicant that she was struggling to maintain herself as well as her two sons. She was facing the financial crisis, and therefore, she could not approach to the Counsel and file an appeal.

3.

Learned Counsel for the respondents strongly opposed the same on the ground that there is no reasonable and justifiable reasons for condonation of delay.

4.

Considering the reasons and considering the fact that the applicant/wife who has no source of income

934.appa.871.24.odt could not approach to the Counsel to file the appeal, and therefore, delay is caused. It appears to be sufficient and reasonable cause for condonation of delay. In view of that, the delay deserves to be condoned.

5.

Hence, the application is allowed and delay of 123 days is condoned.

6.

Appeal be registered.

CRIMINAL APPEAL (ST.) NO.6324 OF 2024 7.

On registration of the appeal, notice be issued to the respondents.

8.

Mr. Mahajan, learned Counsel waives notice for the respondents.

9.

Place the matter after three weeks.

(URMILA JOSHI-PHALKE, J.) *Divya