Single judge order allowing a civil application for condonation of statutory delay due to applicant's poverty and National Trust category status.
Delay condoned and second appeal registered.
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FARAD CONTINUATION SHEET NO.__________
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD.
CIVIL APPLICATION NO. 1515 OF 2010 IN
SECOND APPEAL ST. NO. 1450 OF 2010
Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders |
CORAM : P. R. BORKAR, J. DATE : 15th JULY, 2010.
1 Heard Adv. Shri S.S. Pawar for the
applicants.
2 This is an application for condonation of delay of 1559 days filed by original plaintiff whose suit for mandatory injunction so also appeal was dismissed. Appeal was decided by the 1st Adhoc Additional District Judge, Aurangabad by order dt. 14-7-2005. It is stated in the application that the applicants are from N.T. category belonging to Gosavi community. They move from place to place and the
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subject matter of the suit was obstruction to the religious ceremonies performed in the month of ‘Shrawan’. In paragraph no. 3 of the application it is stated that the old mother of the applicants is suffering from various diseases from last 10 years and had to spend huge expenses for medical treatment. She had no money to approach the advocate for filing appeal. Notice is served on respondent but nobody appeared for him. By an exceptional case, considering that the applicants are from N.T. cagetory and very poor persons, this application is allowed as exception. Application is accordingly allowed. Delay condoned. Second appeal be registered.
( P. R. BORKAR, J.)
dyb / office /
Applicants
Respondent
P. R. Borkar
As recorded by the court registry
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