The State Of Maharashtra v. Chandrakant Krishna Pingulkar And ORS.

903.CAF.1156.2001.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1156 OF 2001 IN FIRST APPEAL (ST) NO. 5260 OF 1999 WITH CIVIL APPLICATION NO. 2156 OF 2011 IN FIRST APPEAL (ST) NO. 5260 OF 1999 WITH CIVIL APPLICATION NO. 1157 OF 2001 IN FIRST APPEAL (ST) NO. 5260 OF 1999 The State of Maharashtra ...Applicant

Versus

Chandrakant Krishna Pingulkar and Ors.

...Respondents

Ms. Pallavi Dabholkar, AGP, for the Applicant-State. Mr.Omkar Nagvekar i/b. Mr. B.S.Tangsali, for the Respondents CORAM : ANUJA PRABHUDESSAI, J.

DATED : 10th JUNE, 2022.

PC:- 1.

The Applicant herein has sought to condone the delay in challenging the judgment and order dated 30.08.1997 in Land Reference No.159 of 1994. The Applicant states that the certified copy was applied for on 2.9.1997, it was ready on 01.10.1997. The District Government Pleader forwarded the judgment for opinion to the Law & Judiciary Department on 18.12.1997, i.e. after more than two months from receipt of the certified copy. No reasons are P P Salgoankar 1/2

903.CAF.1156.2001.doc given for the delay in forwarded copy. It is stated that the opinion was received from the Law & Judiciary Department to challenge the order on 06.01.1998. The Application for condonation of delay is filed on 03.08.1999. There is absolutely no explanation for the delay in filing the application. 2.

It is also seen that for last 21 years, application for condonation of delay is pending. The records reveal that the Applicants have not pursued the application and it is solely due to the inaction of the Applicant that the matter is pending since long.

3.

Considering the above facts and circumstances, in my considered view, no sufficient cause is made out to condone the delay. Hence application is dismissed. Civil application stands disposed of. 4.

Other Civil Applications, stand disposed of in view of dismissal of the delay condonation application.

(ANUJA PRABHUDESSAI, J.) Digitally signed by PRASANNA P SALGAONKAR Date:

2022.06.14 18:07:58 +0530 PRASANNA P SALGAONKAR P P Salgoankar 2/2