Savita W/O Prasannaappa Ambekar v. Jyoti Wd/O Prashant Jadhao

2025:BHC-NAG:3988 1 8-CAS-982-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 982 OF 2024 IN SECOND APPEAL ST. NO. 21606 OF 2024 SAVITA W/O PRASANNAAPPA AMBEKAR AND ANOTHER Vrs.

JYOTI WD/O PRASHANT JADHAO AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Raunak Kurani, Advocate h/f Shri V. B. Gawali, Advocate for appellants.

Shri U. R. Gajbhiye, Advocate h/f Shri U. K. Bisen, Advocate for respondent Nos.1 and 2.

CORAM: ROHIT W. JOSHI, J.

DATE : 16/04/2025.

1.

There is delay of 250 days in filing the second appeal. It is stated in the application that initially, the appellants had obtained certified copy of Judgment and Decree passed by the learned First Appellate Court, however, they were advised that the certified copy of the Judgment and Decree passed by the leanred Trial Court is also required for filing second appeal.

2.

It is stated that since the record was transmitted by the learned First Appellate Court to the learned Trial Court, a period of around six months was consumed in obtaining the certified copy of Judgment and Decree passed by the learned Trial Court. The applicants have also made averments about their bad financial condition and that they have a child who is physically challenged.

2 8-CAS-982-2024.odt 3.

For the reasons mentioned in the application. I find that sufficient cause is made out for condonation of delay of 250 days caused for filing second appeal.

4.

In that view of the matter, civil application is allowed by condoning the delay.

5.

The civil application is disposed of.

[ROHIT W. JOSHI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 21/04/2025 11:37:14