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Bombay High CourtCA/2630/2019delay condonatedrejected

Sambhaji Shivaji Ambhure v. The State Of Maharashtra And ORS

2022-09-07Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 929 CA-2630.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.2630 OF 2019 IN FAST/416/2019 SAMBHAJI SHIVAJI AMBHURE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. V.B. Jogdand Patil, Advocate for the applicant. Mr. A.A. Jagatkar, A.G.P. for respondent Nos.1 and 2. Mr. S.S. Dande, Advocate for respondent No. 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

07.09.2022.

ORDER:- 1.

Heard rival submissions. The applicant is seeking condonation of delay of 4048 days in fling appeal, which, according to him, has been caused due to his poor fnancial condition. The learned A.G.P. strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay. Learned Counsel for respondent No.3 Acquiring Body also strongly opposed the application. 2.

Considering the statutory right of the applicant, the application is allowed and the delay of 4048 days stands condoned subject to condition that the applicant shall not claim any interest for the period of aforesaid delay.

(2) 929 CA-2630.2019.odt 3.

The application is accordingly disposed of.

4.

The appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde