The State Of Maharashtra v. Laxman Martand Thaware D/H Malhari Laxman Thaware And ORS.

(13)caf-1708-2019.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.01.19 17:25:55 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CIVIL APPLICATION NO. 1708 OF 2019 In FIRST APPEAL(STAMP) NO. 10158 OF 2005 The State Of Maharashtra ]..

Applicant vs.

Laxman Martand Thaware ] Since Deceased through Legal Heirs & Ors.]..

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 84 days in filing the First Appeal against the Judgment and Award dated 31.08.2004 passed by the learned Ad-hoc Additional District Judge, Pune in LAR No.323/1998.

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 31.08.2004. The amount of enhancement appears to be Rs.2,06,704/-. Considering these facts and circumstances, I am not inclined to condone the delay after 17 years. Accordingly, following order is passed :

1/2

(13)caf-1708-2019.doc 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 therefor 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