Taibai Maruti Nikam v. Pandharinath B. Ghadage(Since Decd. Thr. Lrs) Gangubai P. Ghadage(Decd. Thr. Lrs) Dilip P. Ghadage
57.1247.19 ia.docx Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1247 OF 2019 IN SECOND APPEAL ST NO. 26835 OF 2019 Taibai Maruti Nikam .....Applicant Vs.
Pandharinath B. Ghadage .....Respondents (Since Decd. Thr. LRs) Mr. Dilip Bodake advocate for the applicant Ms. Vaishnavi M. Sonar i/b Mr. Purushottam Chavan advocate for respondent nos. 1C-2, 1D, 2B, 2C, 3D, 4A, 5, 6 and 10 CORAM : GAURI GODSE, J.
DATE :
1st OCTOBER 2024 ORDER:
1.
This application is for condonation of delay of 194 days in filing the appeal.
2.
Learned counsel for the applicant submits that the reasons for the delay and the steps taken to file the application are explained in paragraph nos. 10 to 12 of the application. He submits that in view of IRESH MASHAL the old age of the applicant, she was unable to arrange for the funds by IRESH MASHAL Date:
2024.10.04 12:50:16 +0530 and take steps to file the appeal within time. 1/2
57.1247.19 ia.docx 3.
Respondents are served. Learned counsel for the respondent nos. 1C-2, 1D, 2B, 2C, 3D, 4A, 5, 6 and 10 submits that except the old age, no proper reasons are explained to take steps to file the appeal within time. She thus submits that vague reasons are given in the application for condonation of delay.
4.
I have perused the application. The reasons for the delay and the steps taken to file the appeal are explained in detail in the application. I find that the reasons are justifiable and acceptable. 5.
For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (a). 6.
Office is directed to register the second appeal and list it under the caption for "Urgent Admission" on 3rd January 2025. 7.
Learned counsel for the appellant submits that respondent has filed cross appeal.
8.
List the Second Appeal No. 649 of 2020 alongwith this appeal on the next date.
[GAURI GODSE, J.] 2/2