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Bombay High CourtCA/12616/2025admittedallowedgrantedrule absolute

Pooja W/O Pankaj Walunj And ANR. v. Pravin S/O Prakash Raut And Others.

2026-03-13Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

914 CA NO. 12616 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 12616 OF 2025 IN FAST/31174/2025 Pooja W/o Pankaj Walunj And Anr.

VERSUS

Pravin S/o Prakash Raut And Others.

...

Mr. Shermale K. N., Advocate for Applicant Mr. Deshmukh Mohit R, Advocate for Respondent No.3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 13.03.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of delay of 210 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.3 strongly opposed the application and submitted that there is no sufficient reason to condone the delay. He prayed to reject the application.

(( 2 )) 914 CA NO. 12616 OF 2025 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. 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 210 days caused in filing the first appeal is condoned.

c.

The application is disposed of.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 24.04.2026.

2.

Learned Advocate Mr. M. R. Deshmukh waives service of notice for Respondent No.3/Insurance company. [ SANJAY A. DESHMUKH, J. ] HRJadhav