Audumber Babanrao Kharat And ... vs Nandkishor Kalyanrao Kharat
2021 Latest Caselaw 13196 Bom

                                    (1)


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

               916 CIVIL APPLICATION NO.7860 OF 2018
                         IN SAST/36924/2017

          AUDUMBER BABANRAO KHARAT AND ANOTHER
                             VERSUS
               NANDKISHOR KALYANRAO KHARAT
                                 ...
        Advocate for Applicants : Mr. Deshmukh Ramraje A.
                               -----

                               CORAM :    SMT.VIBHA KANKANWADI,J.
                               DATE :     15th September, 2021.

 PER COURT :-

 1.               Present application has been filed for condonation
 of delay of 387 days caused in filing the Second Appeal.
 2.               Heard learned Advocate for the applicants.
 3.               Learned Advocate for the respondent is absent.
 However, it appears that say has been filed by the
 respondent, objecting grant of the present application.
 4.               Both the parties are coming from the rural area.
 The applicant No.1 is 61 years old person. The applicants
 say that they were not aware about judgment and decree
 passed by the first Appellate Court. Though in stricter sense,
 this may not be a good ground to condone the delay,
 however, taking liberal approach, the application deserves
 to be allowed.
 5.               Though learned Advocate for the respondent is
 absent today; yet he has taken care to file say, which can
 be taken as written submissions on his behalf and,
 therefore, the inconvenience that would be caused to the




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 respondent              can be compensated in terms of money.
 Hence, following order, -
                                    ORDER

i. The application stands allowed and disposed of.

ii. The delay caused in filing the Second Appeal stands condoned subject to deposit of costs of Rs.5,000/- within a period of one month from today.

iii. After the amount is deposited, Registry to verify and register the Second Appeal and the amount so deposited be given to the respondent.

(SMT. VIBHA KANKANWADI) JUDGE

BDV