Manik Hanmanta Sagar Died Through Lrs Trivenabai Manik Sagar And Others v. The State Of Maharastra

926.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 14542 OF 2015 IN FAST/1155/2015 WITH CA/14543/2015 IN FAST/1157/2015 MANIK HANMANTA SAGAR DIED THROUGH LRS TRIVENABAI MANIK SAGAR AND OTHERS

VERSUS

THE STATE OF MAHARASTRA ...

Advocate for Applicants : Mr. Patne Santosh N. AGP for sole Respondent : Mr. S.S. Dande.

...

CORAM

: K. L. WADANE, J.

DATE :

6th October, 2017 ORDER:

1.

These applications are for condonation of delay. Perused the contents of the applications. It appears that the applicant/s was/were prevented from certain causes such as financial constrain. Therefore, he/they was/were unable to prefer the appeal within prescribed period of limitation.

2.

Learned counsel appearing for the respondent has opposes the application, as the delay has not been explained satisfactorily.

3.

In view of the submissions made by the respective counsels and in view of the observations of Supreme Court in the case of Ramanlal Deochand Shah v/s. State of Maharashtra, and another, reported in AIR 1/2

926.odt 2013 SC 3452, the application for condonation of delay is allowed. Delay caused in filing the appeals is hereby condoned. The applicant/s shall not be entitled for the amount of interest, other statutory benefits for the period for which the delay is sought to be condoned.

4.

In view of the above, the delay caused in filing the appeal/s is hereby condoned. Civil applications are accordingly disposed of.

5.

First Appeal be registered. After registration of Appeal, issue notice to the respondent. Learned A.G.P. waives notice for sole respondent.

6.

Heard.

7.

Admit.

(K. L. WADANE, J.) mkd 2/2