Smt. Suman Ananda Magar And ORS. v. Shri. Laxman Baban Magar And ORS.

13-(b)-IA-1505-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1505 OF 2024 IN FIRST APPEAL (ST) NO. 3731 OF 2024 Smt. Suman Ananda Magar And Ors.

... Appellants/Applicants Vs.

Shri. Laxman Baban Magar And Ors.

... Respondents ---------------- Adv. Balaji P. Shinde a/w Adv. Ashok B. Tajane, for the Appellants/Applicants.

Mr. Nikhil Wadikar a/w Adv. Malhar N. Pawar i/by Adv. Nandu Pawar, for the Respondent Nos. 1 and 2.

----------------- Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.05.27 12:22:42 +0530 CORAM : KISHORE C. SANT, J.

TALLE SHUBHAM ASHOKRAO DATE : 10th May, 2024 P.C.:- 1.

The Appellant/Applicant has filed on record affidavit of service alongwith copies of acknowledgment of receipt of notice through RPAD signed by brother of Respondent No. 3. Therefore Respondent No. 3 is treated as served.

2.

This Application is filed seeking condonation of delay of 17 days caused in filing the First Appeal.

3.

It is stated that under the wrong impression the Appellant had approached the District Court for filing of an Appeal. After realizing that the District Court has no jurisdiction, she filed appeal in this Court. It is stated Shubham 1/2

13-(b)-IA-1505-2024.doc that though the delay is of 97 days he has calculated the delay after return of the Appeal Memo by the District Court.

4.

Considering the above this Court is inclined to allow the Application for condonation of delay. The delay stands condoned. 5.

Interim Applications stands allowed and disposed of. (KISHORE C. SANT, J.) Shubham 2/2