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Bombay High CourtCA/2415/2023disposed off

Neminath Tulsiram Ambekar Jain Died Thr Lrs Sulochana Neminath Ambekar And ORS v. The State Of Maharashtra Thr S.L.A.O., J.P.-1,Aurangabad And ANR

2023-02-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 27 CA-2415.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.2415 OF 2023 IN FAST/1389/2023 NEMINATH TULSIRAM AMBEKAR JAIN DIED THR LRS SULOCHANANEMINATH AMBEKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH S.L.A.O., J.P.- 1,AURANGABAD AND ANOTHER ...

Mr. D.A. Bide, Advocate holding for Mr. Tejas Sonawane, Advocate for the applicants.

Mr. A.B. Chate, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27.02.2023.

ORDER:- 1.

Heard.

2.

Issue notice to respondents. Learned A.G.P. waives service for all the respondents.

3.

Heard rival submissions. The applicants are seeking condonation of delay of 1433 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned A.G.P. strongly opposed the application on the ground that delay is not properly explained.

4.

However, considering the statutory right of the applicants, the delay of 1433 days stands condoned subject to

(2) 27 CA-2415.2023.odt condition that the applicants shall not claim any interest for the said delay period.

5.

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

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde