Maya Satish Puri And Others v. Smt. Anusaya C/O Late Dadagir Giri Goswami And Others

CAS.468.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

CIVIL APPLICATION (S) NO. 468/2023 in SECOND APPEAL (st) No.21287/2022 Maya Satish Puri and others ..Applicant/s versus Smt.Anusuya w/o Late Dadagir Giri Goswami and others ..Respondents ............................................................................................................. Ms.Shrushti Shahakar Adv.h/for Mr Ritesh Badhe, Advocate for the applicant/s Mrs.Ayushi Dangre, Adv. for Respondents 1 to 3 .............................................................................................................. CORAM: ANIL L. PANSARE, J.

DATE D : 21st July, 2023.

PC:

By the present application, the applicants are seeking condonation of delay of 64 days in filing the Second Appeal against the judgment and decree dated 29.06.2022 passed by the learned District Judge-8, Nagpur in RCA No. 2/2022.

The learned counsel for the applicants submits that the applicant has applied for certified copy on 2nd July 2022; copy was ready for delivery on 20 July 2022 and the same was delivered on 27th July 2022. The reasons for delay, according to the learned counsel for the applicants, is that the applicants are poor agriculturists, sowing season was going on and they had paucity of funds for engagement of counsel at Nagpur and preparing the Appeal. Thus, delay has been caused. Though the learned counsels for the respondents 1 to 3 have opposed the application, to my mind, in the interest of justice, the

CAS.468.23 application is liable to be allowed, the delay having been justified. Hence, the Civil Application is allowed as prayed for. Second Appeal be registered and processed in accordance with the Rules.

[ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: