Bhagoji Mahadu Kokare And ANR v. Javed Khan Salim Khan And ANR
24 CA NO. 1889 OF 2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 1889 OF 2024 IN FAST/38600/2023 Bhagoji Mahadu Kokare And Anr
VERSUS
Javed Khan Salim Khan And Anr ...
Mr. Dhage Vaibhav B., Advocate for Applicant Mr. Imale Ramesh R., Advocate for Respondent No.2 ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 20.04.2026 PER COURT :- 1.
Heard.
2.
This is an application for condonation of delay of 561 days caused in filing the first appeal.
3.
Learned advocate for the applicants pointed out the grounds stated in the application and submitted that the delay was not deliberately caused. He further submitted that due to financial constraints, the claimants could not file the appeal within prescribed time. He prayed to allow the application. 4.
The learned Advocate for respondent No.2 strongly opposed the application and submitted that there is no sufficient reason to condone the delay. He prayed to reject the application.
(( 2 )) 24 CA NO. 1889 OF 2024 5.
Perused the application. For the reasons stated therein, it is justified by the fact that the applicants are poor and could not manage fund for filing the appeal. Considering the social status of the applicants and the fact that the lis of the claimants has to be decided on merits, as well as the law laid down by the Hon'ble Supreme Court in the case of M. D. A. Chaudhary VS. Kartar Chand and Ors., MANU/SC/0877/2025, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence, the following order:
::ORDER::
a.
Civil Application is allowed.
b.
The delay of 561 days caused in filing the first appeal is condoned.
c.
It is clarified that the applicants shall not be entitled to interest and other statutory benefits for the delayed period in case, their appeal is favourably considered. FIRST APPEAL 1.
Issue notice to the respondents, returnable on 27.07.2026.
(( 3 )) 24 CA NO. 1889 OF 2024 2.
Learned Advocate Mr. Ramesh R. Imale waives service of notice for Respondent No.2/Insurance company. 3.
Call Record and Proceedings.
[ SANJAY A. DESHMUKH, J. ] HRJadhav