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Bombay High CourtCA/11039/2021delay condonatedrejected

Babarao Mukundrao (Died) Thr Lrs Panditrao And ORS v. The State Of Maharashtra And ANR

2021-11-24Hon'Ble Shri Justice R. G. Avachat2 pages

958-CA-11039-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11039 OF 2021 IN REVIEW APPLICATION (ST) NO. 3202 OF 2020 IN FIRST APPEAL (ST) NO. 7201 OF 1997 Babarao Mukundrao (Died) Through L.Rs.

Panditrao Babarao Maske and Others ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. S.K. Adkine, Advocate for applicants Mr. S.N. Morampalle, A.G.P. for respondents ....

CORAM : R.G. AVACHAT, J.

DATED : 24th NOVEMBER, 2021 PER COURT :

1.

Heard.

2.

This application has been filed for condoning the delay in filing review/recall of order dated 02nd December, 2008, whereby the application preferred by the applicants herein for condonation of delay of 565 days in preferring the application for setting aside the order of dismissal of appeal, came to be rejected. There is gross delay of not less than twelve years in preferring the present application. The same indicates the applicants to have slept over their rights.

1 / 2

958-CA-11039-21.odt 3.

In the circumstances, this Court is not inclined to allow the application. Same is rejected.

( R.G. AVACHAT, J. ) SSD 2 / 2