The State Of Maharashtra And ORS. v. Shri. Dattatraya Ganpati Aaglave,

16-CAF 774 of 2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 774 OF 2011 IN FIRST APPEAL (ST) No.2517 OF 2011 The State of Maharashtra and Ors.

...Applicants Vs.

Shri Dattatraya Ganpati Aaglave ....Respondent Mr. A.R. Patil -AGP for the Applicants

CORAM:

K.K. TATED, J.

DATED : JUNE 26, 2019 P.C. :

1.

Heard learned AGP Mr. A.R. Patil for the Applicants.

2.

Learned AGP for the Applicants submits that the Respondent is duly duly served. He has filed affidavit of service. Statement made by the learned AGP is accepted.

3.

By this application, the Applicants are seeking condonation of 2 years and 202 days delay in filing the First Appeal, challenging the judgment and award dated 3rd April 2008 passed by the Civil Judge, Senior Division, Barshi, Dist. Solapur in L.A.R. No. 763 of Tikam 1/

16-CAF 774 of 2011.doc 2002.

4.

Considering the submissions made by the learned counsel for the Applicants and the averments made in the civil application, I am satisfied that the Applicants have made out a case for allowing this civil application.

5.

Hence following order:

(a) Civil Application is allowed in terms of prayer clause (b) which reads thus:

"(b) that this Hon'ble court be pleased to condone the delay 2 yeas 202 days in filing above mentioned First Appeal against the Judgment and Award dated 03.04.2008 passed by the Learned Civil Judge, Senior Division, Barshi, Solapur in L.A.R. No. 763 of 2002."

(b) Civil Application stands disposed of accordingly.

(c) No order as to costs.

(K. K. TATED, J.) Tikam 2/