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Bombay High CourtCA/2408/2019disposed offdismissed for default

Latabai Shrimant Misal v. The State Of Maharashtra And ORS

2019-04-05Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2408 OF 2019 IN CROSS-OBJECTION NO.4316 OF 2019 (Latabai Shrimant Misal Vs. The State of Maharashtra and others) AND CIVIL APPLICATION NO. 2409 OF 2019 IN CROSS-OBJECTION NO.4318 OF 2019 (Shrimant Sakharam Misal Vs. The State of Maharashtra and others) ---- Mr. Ajeet B. Kale, Advocate for the applicants Mr. S.C. Arora, Advocate for respondent No.1 Mr. S.P. Deshmukh, A.G.P. for the respondent/State ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

5nd APRIL, 2019 ORDER :

These applications are filed by original claimants for condonation of delay of 1021 days in filing the Cross-Objection in the respective first appeals.

2.

Learned counsel for respondent No.1 and the learned A.G.P. for respondent No.2 have opposed these applications on the ground that sufficient cause has not been assigned for condonation of delay.

ca2408-2409-2019 3.

Learned counsel for the applicants submits on merits of the applications and assigned the reasons for delay i.e. illiteracy and poverty of the applicants. I hold that as the applicants have assigned sufficient cause for the delay, these applications deserve to be allowed. Accordingly Civil Application Nos.2408/2019 and 2409/2019 are allowed and delay caused in filing the Cross-Objections is condoned. The Cross-Objections be taken on record in respective First Appeals.

[SUNIL K. KOTWAL] JUDGE npj/ca2408-2409-2019