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Bombay High CourtCA/635/2017admittedallowedgrantedrule absolute

Babu Bhagwant Gobade And Others v. The State Of Maharashtra Through The Collector Of Latur And Others

2017-09-13Hon'Ble Shri Justice K.L. Wadane2 pages

ca635.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 635 OF 2017 IN CRAST/588/2017 BABU BHAGWANT GOBADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OF LATUR AND OTHERS ...

Advocate for Applicants : Jain Vishwajit R (Kamboj) AGP for Respondents 1 and 2 : Mr. B.A.Shinde Advocate for Respondent no.3 :Mr. Arora Shyam C. .....

CORAM : K.L.WADANE, J.

DATED : 13th September, 2017 O R D E R :

Heard learned counsel for the parties.

2.

This is an application filed by the appellant for condonation of delay of 785 days caused in filing Civil Revision Application.

3.

According to the applicants learned counsel representing claimants in Reference Court was not attending the Court and it is his negligence due to which he has not communicated the claimants about the progress of the matter. He has not intimated the claimants about the

ca635.17 decision. When the claimants came to know about the decision of the Reference Court, they applied for certified copy and in that process delay has been caused.

4.

The reasons stated in the application appear to be reasonable. The delay has been properly explained. However, same can be condoned in view of the observations in the case of Ramanlal Deochand Shah vs State of Maharashtra and another, reported in AIR 2013 SC 3452.

5.

Hence, Civil Application is allowed.

6.

Delay is condoned.

However, the applicants shall not claim interest/monetary benefit for the period for which delay is sought to be condoned.

7.

Civil Application is disposed of.

(K.L.WADANE, J.) dbm