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Bombay High CourtCA/2652/2017admittedallowedgrantedrule absolute

Laxman Rukhmaji Motade v. The State Of Maharashtra Thr The Dist- Collector, Latur And ORS

2022-07-28Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca2652.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2652 OF 2017 IN FIRST APPEAL ST. NO. 2882 OF 2017 Laxman Rukhmaji Motade Applicant

Versus

The State of Maharashtra & others Respondents Mr. Syed Parvez Syed Gani, advocate for the Applicants Mr. P. N. Kutti, AGP for Respondents No. 1 & 3. CORAM : SANDIPKUMAR C. MORE, JJ.

DATE : 28th July, 2022.

PC :

Heard learned Counsel for the applicant as well as learned AGP for Respondents No. 1 & 3. Respondent No.2 - acquiring body, though served but remained absent. This is an application for condonation of delay of 2168 days in fling the appeal. Though the delay seems to be inordinate but the earlier Bench, vide order dated 01.09.2021 in Civil Application No.2660 of 2017 in First Appeal St. No. 2892 of 2017, fled by the applicant no.1 in connected C. A. No. 265322017, has condoned delay of 2022 days by considering the similar grounds as

{2} ca2652.17.odt mentioned in this application.

Hence, for the reasons stated in the application and in view of the earlier above mentioned order, Civil Application is hereby allowed and delay of 2168 days in fling the frst appeal is condoned subject to the condition that the applicant shall not be entitled to claim the interest for the aforesaid period of delay. The appeal be placed for admission, after removal of offce objections, if any.

(SANDIPKUMAR C. MORE) JUDGE adb