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Bombay High CourtCA/5243/2015disposed offdismissed for default

The State Of Maharashtra v. Jaywant Patilba Sathe Dead Lrs Vithal And ORS

2019-01-17Hon'Ble Shri Justice P.R. Bora2 pages

1 5243.2015.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

941 CIVIL APPLICATION NO.5243 OF 2015 IN FAST/5075/2015 WITH CA/5244/2015 IN FAST/5075/2015 WITH CA/5245/2015 IN FAST/5080/2015 WITH CA/5246/2015 IN FAST/5080/2015 WITH CA/5247/2015 IN FAST/5070/2015 WITH CA/5249/2015 IN FAST/5070/2015 WITH CA/5250/2015 IN FAST/5084/2015 WITH CA/5251/2015 IN FAST/5084/2015 THE STATE OF MAHARASHTRA .. Applicant

VERSUS

JAYWANT PATILBA SATHE DEAD LRS VITHAL AND ORS ..Respondents ...

AGP for Applicant - State : Shri P.M. Kulkarni Advocate for Respondents No.1A to 1F : Shri M.R. Sonawane ...

CORAM : P.R. BORA, J.

Dated: January 17, 2019 PER COURT :

1.

The State has preferred the present applications seeking condonation of delay, which has caused in filing the appeals by it. The respondents i.e. original claimants are served in all these matters and Advocate Shri M.R. Sonawane has caused his appearance for the said respondents and also for the representatives of the deceased respondents, who are taken on record.

2.

As contended in the applications, the delay has been

2 5243.2015.CA.doc caused in making procedural compliances. The learned Counsel appearing for the original claimants has opposed for condoning the delay. However, after having gone through the contents of the applications, the reasons as are assigned in the applications cannot be outrightly rejected. Though there appears negligence on part of the concerned Officers, the State cannot be denied an opportunity to prosecute its appeals on merits. In view of the above, the following order is passed.

ORDER

(i) Delay caused in filing the appeals is condoned. (ii) The appeals be registered in accordance with law. (iii) Civil Applications for condonation of delay stand disposed of.

(iv) After registration of the appeals, issue notice to the respondents. Advocate Shri M.R. Sonawane waives notice for respondents - Orig. claimants in all these matters. Service complete.

(v) List these appeals for final disposal on 01.02.2019. ( P.R. BORA, J. ) ggp