The State Of Maharashtra v. Bibishan Narayan Ghavane And ANR

(7)CAF-4183-16.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.01.19 17:25:45 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CIVIL APPLICATION NO.4183 OF 2016 IN FIRST APPEAL (STAMP) NO.8384 OF 2012 The State of Maharashtra ]..

Applicant vs.

Shri Bibishan Narayan Ghavane & Anr.

]..

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

None for Respondents.

CORAM : N.R.BORKAR, J.

DATE :

18TH JANUARY 2022 P.C.

1] This application is filed by the State for condonation of delay of 2 years and 202 days in filing the First Appeal against the Judgment and Award dated 02.03.2009 passed by the learned Civil Judge, Senior Division, Barshi, District Solapur in LAR No.67/2002. 2] I have heard the learned AGP for the applicants-State and perused the averments made in the application. 3] Admittedly the award of reference Court impugned in the First Appeal is dated 02.03.2009. The amount of enhancement appears to be only Rs.52,275/-. Considering the meager amount of enhancement, 1/2

(7)CAF-4183-16.doc I am not inclined to condone the delay after 10 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