The State Of Maharashtra v. Durgabai P. Aglawe

(3)CAF-3691-2015.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.01.19 17:25:53 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CIVIL APPLICATION NO.3691 OF 2015 IN FIRST APPEAL (STAMP) NO.7255 OF 2011 The State of Maharashtra & Ors.

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Applicants vs.

Durgabai Prabhu Aglawe & Ors.

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Respondents Mr.A.R. Patil, AGP for Applicants-State.

Mr.S.T. Bhosale, for Respondent Nos.1, 2A to 2C and 3. CORAM : N.R.BORKAR, J.

DATE :

18TH JANUARY 2022 P.C.

1] This application is filed by the State for condonation of delay of 176 days in filing the First Appeal against the Judgment and Award dated 01.04.2010 passed by the learned Civil Judge, Senior Division, Barshi, District-Solapur in LAR No.649/2002. 2] I have heard the learned AGP for the applicants-State and learned counsel for respondents and perused the averments made in the application.

3] Admittedly the award of reference Court impugned in the First Appeal is dated 01.04.2010. The amount of enhancement appears to 1/2

(3)CAF-3691-2015.doc be only Rs.53,287/-. Considering the meager amount of enhancement, I am not inclined to condone the delay after 11 years. Accordingly, following order is passed :

i] Civil Application for condonation of delay is dismissed. ii] Needless to mention that I have not examined the impugned Judgment and award on merit and therefore any observations in this order shall not be construed to mean that I have upheld the impugned Judgment and award on merit. [N.R.BORKAR, J] 2/2