Tanaji Hanumant Bhagare Since Deceased Through Legal Heirs Dhananjay Tanaji Bhagare And ORS. v. Prathamesh Prakash Patil And ORS.

varsha 26-appln-380-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.380 OF 2018 Tanaji Hanumant Bhagare (deceased) through LRs Dhananjay Tanaji Bhagare and Ors. ...Applicants Vs.

Prathamesh Prakash Patil and Ors.

...Respondents

----- Mr. Vishwasrao S. Deokar for Applicants.

Mr. S.S. Pednekar-APP for the State.

----- CORAM :

SMT. SADHANA S. JADHAV, J.

DATE :

APRIL 9, 2019.

P.C.:

This is an application seeking condonation of delay in filing an application seeking leave to appeal. The delay is of 40 days. Office note shows that the respondent nos. 2 has served personally but marked in respect of the respondent no. 1 is silent. It also reveals that the notice has been accepted on behalf of the respondent no. 1 by the person name K.G. Lokhande. However, learned counsel for the applicants filed affidavit of service. In any case, the delay is of 40 days and for the reasons assigned in Paragraphs 2 to 4 the delay of 40 days needs to be condoned in the interest of justice. Hence, the application is allowed in terms of prayer clause (a). Although, the respondent no. 2 has served, he has not caused his appearance on his behalf. 2.

Application is accordingly disposed off.

[SMT. SADHANA S. JADHAV, J.]

varsha 26-appln-380-18