The State Of Maharashtra v. Urmila Rameshwardas Agarwal And Othrs

23-CAF-1815-2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION IN FA NO. 1815 OF 2009 IN FIRST APPEAL (ST) NO. 8131 OF 2009 The State of Maharashtra .... Applicant V/s.

Smt. Urmila Rameshwardas Agarwal & Ors.

.... Respondents .......

Ms.A.R.Patil, AGP for Applicant.

Mr.Nikhil R. Vidwans, Advocate for all Respondents.

CORAM

: K.K.Tated, J.

DATE : 9th September, 2019 P.C. :

1.

Heard, Learned AGP for the Applicant.

2.

Advocate Mr. Nikhil R. Vidwans for the Respondents. 3.

Advocate Mr. Nikhil R. Vidwans submit that, he received instructions to appear on behalf of all the respondents. Statement is recorded. He further submits that, he had already filed his Vakalatnama on behalf of all the respondents. 3.

By this Civil Application, Applicant-State of Maharashtra is seeking condonation of 452 days delay in filing the Ashwini G.

23-CAF-1815-2009.odt First Appeal, challenging the Judgment and Award dated 29th September, 2007 passed by Adhoc District Judge, Pune in Land Reference No. 229 of 1991.

2.

Learned Counsel Mr.Nikhil R. Vidwans for the Respondent submits that Applicant failed to disclose sufficient cause for condonation of delay. Hence, there is no substance in the present Civil Application and same is required to be dismissed. 3.

Considering the submissions made by Learned AGP for Applicant and averments made in the Civil Application I satisfy that the Applicant has made out a case for allowing this Civil Application. Hence, following order.

ORDER

1.

Delay in filing First Appeal is condone.

2.

Civil Application stands disposed of accordingly. 3.

No order as to costs.

(K.K.Tated, J.) Ashwini G.