Priya D/O Prabhakar Survanshi And Other vs Vitthal S/O Baliramji Dukare And Others
2024 Latest Caselaw 198 Bom

Bombay High Court

Priya D/O Prabhakar Survanshi And Other vs Vitthal S/O Baliramji Dukare And Others on 4 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:138



                                                     1                                    15 caf955.23.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     : NAGPUR BENCH : NAGPUR.

                              CIVIL APPLICATION (CAF) NO. 955 OF 2023
                                                IN
                                 FIRST APPEAL ST. NO. 18556 OF 2022
                              PRIYA D/o PRABHAKAR SURVANSHI AND ANOTHER
                                                VERSUS
                                  VITTHAL BALIRAMJI DUKARE AND OTHERS
         -------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of                         Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
         -------------------------------------------------------------------------------------------------------
                                   Mrs. R. S. Mankar, Advocate for the appellant/applicants.

                                           CORAM : G. A. SANAP, J.

DATE : JANUARY 04, 2024.

1. Heard learned advocate for the appellants. Respondent nos.1 and 2 have not appeared, though they are duly served.

2. This is an application for condonation of delay of 164 days caused in filing this appeal against the impugned judgment and decree dated 16.03.2021.

3. As per the impugned judgment and decree, the claim application was dismissed with costs. It is stated that the appellants have good case on merits. It is further stated that the appellants are the rustic villagers and therefore, the appeal could not filed within limitation by complying with procedural formalities. It is stated that in this process the delay has occasioned.

4. In my view, the grounds for challenge to the impugned judgment and decree needs to be adjudicated on 2 15 caf955.23.odt

merits. The claim application has been dismissed. In my view, considering the reasons stated in the application, the application for condonation of delay deserves to be granted.

5. The application is accordingly allowed. Delay of 164 days caused in filing the appeal is condoned.

6. The appeal be registered.

7. The civil application stands disposed of accordingly.

FIRST APPEAL (ST.) No. 18556 of 2022

1. Heard learned advocate for the appellant.

2. Issue notice to the respondents, returnable within eight weeks.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 05/01/2024 12:09:08