Shri. Appu @ Virbhadra Dhondappa Rajmane And ORS. v. Shri. Mahesh Balasaheb Dhekale And ORS.

7-CAF-4569-2016.DOC Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4569 OF 2016 IN FIRST APPEAL (ST) NO. 26510 OF 2016 Shri. Appu@Virbhadra Dhondappa Rajmane & Ors ...Applicants

Versus

Shri. Mahesh Balasaheb Dhekale & Ors

...Respondents

Mr. T. J. Mendon, for the Applicants/Original Appellants. Ms. Darshana Kambli i/b. Mr. Sandeep Salunkhe, for Respondent No.1.

CORAM

Madhav J. Jamdar, JJ.

DATED:

26th February 2022 PC:- 1.

This Civil Application is for condonation of delay of 54 SONALI MILIND PATIL days in filing the First Appeal. The First Appeal is filed SONALI MILIND PATIL Date: 2022.02.28 11:43:51 +0530 challenging the judgment and award dated 19th April 2016 passed by the learned Member, MACT, Solapur in MACP No.166 of 2011.

26th February 2022

7-CAF-4569-2016.DOC 2.

Heard Mr. T. J. Mendon, learned Advocate appearing for the Applicants and Ms. Darshana Kambli, the learned Advocate appearing for the Respondent No.1.

3.

Mr. Mendon states that Respondents No.2 and 3 are served however, none appears for the Respondents Nos.2 and

3. Mr. Mendon submitted that the delay is of only 54 days and the same has occurred as the Applicants were without any funds and for filing Appeal they were required to arrange for funds.

4.

Ms. Darshana Kambli, the learned Advocate appearing for the Respondent No.1 states that the delay is not sufficiently explained therefore, the delay condonation application be dismissed.

5.

Perusal of Civil Application shows that adequate and sufficient reasons are given in the Civil Application. For the reasons set out in the Civil Application, the Civil Application is allowed in terms of prayer clause (a).

(Madhav J. Jamdar, J) 26th February 2022