Shri.Baban Yashwant Gaikar And ... vs The State Of Maharashtra And Ors
2021 Latest Caselaw 14346 Bom

                                                      8. CAF 1761-18 in FAST 6967-18.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                       CIVIL APPLICATION NO. 1761 OF 2018
                                       IN
                       FIRST APPEAL (ST.) NO. 6967 OF 2018


 Baban Yashwant Gaikar and Ors.                                   .Applicants
           Vs.

 The State of Maharashtra and Ors.                                .Respondents

Mr. Rameshwar Gite, Advocate for the Applicants/Appellants. Ms. Chaitrali A. Deshmukh, Advocate for the Respondent No.3.

                               CORAM      :     ABHAY AHUJA, J
                               DATE       :     4TH OCTOBER 2021

 P. C.

1. Learned counsel for applicants submits that this is an application

for condonation of delay of 3 years and 160 days in preferring the

appeal challenging the judgment and order dated 26 th June 2014,

passed by the Civil Judge Senior Division at Nashik, for enhancement

of claim amount.

2. Learned counsel submits that the applicants are agriculturists

and as they are in a very bad economic situation, the application

should be allowed in view of what is stated in paragraph 2 of the

application.

Nikita Gadgil 1 of 2

8. CAF 1761-18 in FAST 6967-18.doc

3. Learned counsel for respondents no.2 and 3 as well as learned

AGP for the State strongly opposes this request and submit that they

may be given time to file reply in the matter.

4. It is also submitted on behalf of the respondents that copy of the

impugned judgment and order is not annexed to the first appeal

neither details of the same have been furnished to them.

5. In this view of the matter, the following order is passed:-

i) The applicants are directed to furnish copy of the

impugned judgment and order dated 26th June 2014 to the

respondents, within a period of two weeks from today.

ii) The respondents to file replies, within a further period of

two weeks after receiving the copy of the impugned

judgment and order.

iii) Rejoinder, if any, be filed within one week thereafter.

6. List the matter on 15th November 2021, when the civil

application will be disposed of without any further time to any

of the parties.

                                                          ( ABHAY AHUJA, J. )
 Nikita Gadgil                                                              2 of 2