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Bombay High CourtCA/1185/2023delay condonatedrejected

Abdul Karim Mohammad Yusuf Havare v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2023-02-06Hon'Ble Shri Justice Sandipkumar C. More1 pages

1 39 CA 1185-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO.1185 OF 2023 IN FAST/432/2023 ABDUL KARIM MOHAMMAD YUSUF HAVARE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicant : Mr. S. Y. Mahajan AGP for Respondents-State: Mr. A. B. Chate ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 06/02/2023.

P. C. :

1.

Heard.

2.

Issue notice to respondents. Learned AGP waives service for all the respondents.

3.

Heard rival submissions.

4.

The applicant is seeking condonation of delay of 1749 days, which appears to be caused due to his fnancial crisis. The learned AGP strongly opposed the application on the ground that the delay is not properly explained.

5.

However, considering the statutory right of the applicant and for the reasons stated in the application, the delay of 1749 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay. 6.

Appeal be placed for admission after removal of offce objections, if any. Application stands disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-