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2026 DAILYLAW 17328 (BOM)

JAYSHREE WD/O GOVINDRAO WALKADE (DEAD) THR. LRS. (APPELLANTS NO. 2 AND 3) AND OTHER v. RAHUL S/O SUBHASHRAO TAYADE

CAS/343/2026 · 2026-10-08

body2026

Judgment text

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21.cas.343.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.343 OF 2026 IN SECOND APPEAL (ST.) NO.2000 OF 2026 (JAYSHREE WD/O GOVINDRAO WALKADE (DEAD) THR. LRS. AND ORS. VS RAHUL S/O SUBHASHRAO TAYADE) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.B. Mirza, Advocate for the appellants. Ms Bhawana Dwivedi, Advocate h/f Mr. K.N. Jain, Advocate for the respondent. CORAM:- MRS. VRUSHALI V. JOSHI , J. DATED :- OCTOBER 08, 2026 The appellants have filed this application for condonation of delay. The delay is of 235 days in filing second appeal. The appellants are the original defendants. The defendant No.2 was looking after the matter. During the pendency of appeal, the defendant No.1 died due to burn injuries, and therefore, the family was in shock. Thereafter, the defendant No.2, who was looking after the matter was having some medical problems. He has filed the medical certificate about his ill-health. The appellant No. 3 is a person with physical disabilities, and since the appellant No. 2 was the sole individual attending to the legal proceedings, a delay of 235 days was caused. As the delay is not deliberate, the appellants have prayed for its condonation. *Divya 21.cas.343.26.odt 2 2. Learned Counsel for the respondent objected to condone the delay as the reason is not satisfactory. 3. Heard learned Counsel for both the sides. 4. Considering the reasons stated in the application and the explanation furnished for the delay, application is allowed and the delay of 235 days is hereby condoned, subject to the applicant depositing costs of Rs.10,000/- (Rupees Ten Thousand only) within a period of two weeks, in the “Public Welfare Account”, bearing Account No. 129712010001014, IFSC Code: UBIN0812978, maintained with Union Bank of India, Branch High Court, Civil Lines, Nagpur. 5. The Registry is directed to register the appeal. 6. Civil Application stands disposed of. ( MRS. VRUSHALI V. JOSHI , J. ) *Divya Signed by: Mrs. Divya Baldwa Designation: PA To Honourable Judge Date: 09/10/2026 18:31:30