Kaushal S/O Shirish Kunjir Thr U/G Yogini W.O Shirish Kunjir v. The State Of Maharashtra

2024:BHC-AUG:10778 CA 4253/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 4253 OF 2024 IN FAST/3580/2024 Kaushal S/o Shirish Kunjir Thr U/g Yogini W/o Shirish Kunjir

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Kasar Rajendra Sudam AGP for Respondents: Mrs. A.S. Mantri ...

CORAM

: KISHORE C. SANT, J.

Dated : June 13, 2024 PER COURT :- 1.

Heard the learned counsel for the parties i.e. applicant and the learned AGP.

2.

This application is filed for condonation of delay of 60 days caused in filing the first appeal. The application is filed by the guardian of the minor, challenging the order dated 28.8.3023 passed by the District Judge, refusing permission to dispose of the property of the minor.

3.

It is the case of the applicant that the applicant had no knowledge of the order passed by the learned District Judge dated 28.8.2023. The knowledge was received on 17.12.2023 and immediately application was filed for certified copies on 19.12.2023. However, limitation period to file appeal expired on 26.11.2023 and the delay of 60 days is caused in filing first appeal. 4.

It is the case of the applicant that he himself is mentally ill. His

CA 4253/24 father died due to Covid-2019 on 6.7.2021. Thus, for all these difficulties, it was not possible for the applicant to file application within time.

5.

Considering the reasons stated in the application, this Court is inclined to allow the application for condonation of delay. The application is, therefore, allowed. Delay of 60 days is condoned. Office to register the appeal. Civil application stands disposed of. ( KISHORE C. SANT, J. ) ssc/