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Bombay High CourtCAS/84/2025allowed

Damini D/O Devrao Pipare v. Mangala Wd/O Deorao Pipare And Others

2025-10-15Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

45. CAS 84.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 84 OF 2025 IN SECOND APPEAL ST NO. 18249 OF 2024 Damini D/o Devrao Pipare @ Damini W/o Chandrabhan Chalakh Vs.

Mangala Deorao Pipare and ors.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. V. N. Morande, Advocate for applicant.

Mr. Rohan Bhisikar, Advocate for non-applicant/respondent No. R1 to R3.

CORAM : ROHIT W. JOSHI, J.

DATE : 15.10.2025.

.

There is a delay of around 182 days in filing the appeal challenging the judgment and decree dated 12.12.2023 passed in Regular Civil Appeal No.48/2017. 2.

The appellant claims to be the daughter of the husband of respondent No.1. It is stated that the mother of the appellant was in illicit relations with late Deorao Pipare and from such relations, they have begotton the appellant as a daughter.

3.

It is further stated that during the pendency of appeal, the mother of the appellant, who was looking after the litigation, was at Andhrapradesh for some labour work. Upon her return to her native village at Gadchiroli, marriage of the appellant was solemnized in March, 2024. It is stated that the mother expressed her

45. CAS 84.25.odt inability to look after the litigation since the appellant was already married.

4.

The appellant had recently married in the month of March, 2024 and therefore, there was some delay on her part in making enquiries about the litigation and collecting relevant documents. The delay is properly explained in the application. The contents of the application, which are supported by affirmation of the appellant, are not controverted by filing reply. 5.

In that view of the matter, the application for condonation of delay deserves to be allowed and is accordingly allowed, by condoning the delay caused in filing the Second Appeal.

6.

List the appeal for hearing on admission 14.11.2025.

(ROHIT W. JOSHI, J.) Tanmay...