Tony Singh Alias Amar Singh Kisan Singh Bawari v. Baban S/O Bakaramji Sahare (Dead) Thr. Lrs. Savita W/O Baban Sahare And Others

2026:BHC-NAG:3077 1 35. CAF 1762 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1762 OF 2024 IN FIRST APPEAL (STAMP) NO.7491 OF 2024 TONY SINGH ALIAS AMAR SINGH KISAN SINGH BAWARI

VERSUS

BABAN S/O BAKARAMJI SAHARE (DEAD) THR. LRS. SAVITA W/O BABAN SAHARE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.T. Sonwane, Advocate for Applicant.

Mr. M.R. Joharapurkar, Advocate for Respondent Nos.1-(A) to 1-(C). Ms. Alpana Ingolikar h/f Ms. M.S. Naik, Advocate for Respondent No.2. Mr. R.S. Kalkar, Advocate for Respondent No.3. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 20th FEBRUARY 2026 1.

Heard learned Advocate for the applicant.

2.

This is an application filed by the original claimant seeking condonation of delay of 450 days in filing statutory appeal. 3.

Learned Advocate for the applicant submits that the delay of 450 days occurred for the reason that the applicant, who has suffered permanent disability, was continuously required to take medical treatment and was thus unable to file the appeal within time. 4.

The application is opposed by the respondents. However, considering the reasons mentioned in the application and submissions advanced, in the interest of justice, the application is allowed and the

2 35. CAF 1762 of 2024.odt delay of 450 days in filing the statutory appeal is condoned, however, subject to the condition that the applicant/appellant shall not be entitled for the statutory benefits and interest for the period of delay of 450 days.

5.

The civil application is accordingly disposed of. 6.

A copy of this order be annexed with the order sheet of the first appeal, to be registered after condonation of delay. (PRAFULLA S. KHUBALKAR, J.) asd