•

IN THE COURT OF DISTRICT JUDGE SATARA AT SATARA,

oelaY condonation. A No. /2024

Jagannath Govind Nikam (Dead) L.H

1A} Sharada Jagannath Nikam

Age. 70 Occ.Household

1B} Nilesh Jagannath Nikam

Age. 35 Occ.Agri

Hambirrao Govind Nikam(Dead) L.H

2} Shivaji Hambirrao Nikam

Age. 58 Occ.Agri Appellants.

3} Nanda Sanjay Gaikwad {Ori.Plaintiffs)

Age. 55 Occ.Household

No.lA to 3 R/O Apshinge (Military),

Tai & Dist Satara.

4} Vandana Shankar Mane

Age.56 Occ.Household
R/o Shendre Tai & Di 5t Satara

5} Usha Subhash Babar

Age. 54 Occ.Household

R/o Sherewadi Tai & Dist Satara Appellants

6} Dipali Nandkumar Chavan {Ori.Plaintiffs)

Age.SO Occ.Household

R/o Degaon Tai & Dist Satara

Vs.

State of Maharashtra through Respondent.

District Collector Satara. (Ori.Defendant)

Affidavit
~~
I Shri. Shivaji Hambirrao Nikam Age 58 0cc. Agri. R/o
Apshinge Tai. & Dist. Satara States on solemn affirmation
is as follows.

1) The applicants have filed an appeal along with this delay

condonation application against judgment & decree
passed in RCS No. 180/2019 on 19/07/2023, delay has
 - ,

prays for
been caused for filing the appeal thus, appellant

condonation of delay.
cannot
2] The applicant no.1 is handicapped old lady who
on., the
even walk without the support of other pers
is only the
applicant no.2 being the son of applicant no.1
bai doing
bread earner who occasionally lives in Mum

labour work there, for his earnings.

he has
3] Applicant no.3 is agriculturalist, due to illiteracy
ble to file
no knowledge of legal concepts thus, he was una
the appeal within the prescribed limitation.
product of
4] Due to low rainfall last year, the agricultural
ir financial
applicants was not sufficient which made the
g the said
condition weaker which resulted in delay for filin
appeal.

S] Applicant no.3 to 6 are married daughte

rs living with
~

"'~"
-(iri~ their in-laws, thus they also were unable to file
the said

?fendent (Record) appeal within the limitatio

n.
~ourt. Satara.
tes to the
6] The subject matter of about the appeal rela

immovable property and if the technical delay

will not be
injustice to
condoned by Hon'ble Court, then it may cause
 which will lead to the sufferfng of
the applicants

irreparable 10 ss of applicants which cannot be

compensate d in terms of money.

There was no anv negligence and latches on the par

71 t of
applicants.

8) If the said delay will not be condoned, the doo

rs of
justice will be permanently closed for the applicants &
they
will face permanent injustice.

9] Hence applicant prays that -

i] Delay of 8 months & 7 days caused to file app

eal may
kindly be condoned & order to be numbered & regi
stered
the said appeal shall be passed.

ii] Applicant may be allowed to amend & alte

r this
application as & when necessary.

iii] Pass such other order(s) as this Hon'ble Cou

rt may
deem fit and proper in the circumstances of case
in the
interest of justice.

~
Afflant.
 Verification
4
Age si o,;_ Agr
i. R/o
Hambirrao Nikam
I Shr i. Shivaji
a st a te s on so le mn affirmation
ist. Satar
Apshinge Tai. & D
and correct as
e
t th e contents in above a ff id a vi t a re tr u
th a
ve si gn ed u n der it today at satara.
ha
per my knowledge so I
,4
Date. , 6 • 6 . ?-c> ~
Affiant.