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Bombay High CourtCA/5040/2023disposed off

Mohammadalki Maniyar @ Kasar v. The State Of Maharashtra Through The Collector Osmanabad

2023-04-19Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca5040.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5040 OF 2023 IN FIRST APPEAL ST. NO. 3438 OF 2023 Mohammadali Maniyar @ Kasar Applicant

Versus

The State of Maharashtra Respondent Mr. A. N. Sabnis, advocate for the Applicant Mr. S. N. Kendre, AGP for the Respondent.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th April, 2023.

PC :

Heard.

Issue notice to the respondent, returnable on 13.07.2023.

Learned AGP waives service for sole Respondent. Heard rival submissions.

The applicant is seeking condonation of delay of 5521 days in fling this appeal.

The learned AGP strongly opposed the same on the ground that the delay is not properly explained. However, considering the statutory right of the applicant, delay of 5521 days stands condoned subject to the

{2} ca5040.23.odt condition that the applicant shall not claim any interest for the aforesaid period of delay.

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

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb