Shri Prakash S/O Waman Atkar And Others v. Ku. Aruna D/O Ajabrao Barai, Presently Sau. Kalpana W/O Madhukarrao Waghmare And Others

2024:BHC-NAG:7882 6 CAS-21-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (S) NO.21 OF 2019 IN SECOND APPEAL (ST) NO.25776 OF 2017 [Prakash Waman Atkar and Ors. ..Vs.. Aruna Ajabrao Barai and Ors] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms T. Agre, Adv. h/f Mr S. P. Bhandarkar, Advocate for Applicants. Mr T. A. Mirza, Adv. h/f Mr A. M. Quazi, Advocate for Non-Applicant No.1.

CORAM

: M. W. CHANDWANI, J.

DATE : 22 nd JULY , 202 4 .

.

Heard.

2.

By the present application, the applicants are seeking to condone the delay caused in filing the appeal. 3.

Learned counsel for applicants/appellants submits that the applicants are poor persons and due to paucity of fund, they could not arrange the amount for challenging the judgment and decree dated 22.03.2017, therefore, the delay is occurred in filing the appeal. It is a matter of record that due to non supplying the correct address of non-applicant Nos.3 and 5, the application against those non-applicants came to be dismissed. Whereas, non-applicant Nos.4 and 6 died and no step has been taken for bringing legal heirs of those non-applicants on record.

4.

Application is opposed by the non-applicants on the ground that the delay has not been properly explained. TAMBE

6 CAS-21-2019 5.

For the reasons mentioned in the application coupled with the fact that the appeal is a statutory right of the applicants, and therefore, substantial justice cannot be denied for technical reason, particularly when the delay does not appear to be malafide, hence, delay in filing the appeal is hereby condoned. The appeal be registered against non-applicant Nos.1 and 2 only.

SECOND APPEAL (ST) NO.25776 OF 2017 6.

Heard.

7.

Issue notice to the respondents, returnable within three weeks.

8.

Mr T. A. Mirza holding for Mr A. M. Quazi, learned counsel, waives notice on behalf of respondent Nos.1 and 2. JUDGE TAMBE