Sundrabai Maroti Metkar v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.3796/2015 905 CIVIL APPLICATION NO. 3796 OF 2015 IN LPAST/6000/2011 WITH CA/3793/2015 IN LPAST/6000/2011 WITH LPAST/6000/2011 SUNDRABAI MAROTI METKAR

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr.Kadam Annasaheb S. AGP for Respondent State: Mr.S.G.Karlekar ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: July 14, 2015 ...

PER COURT :- 1.

This is an application seeking condonation of delay occurred in presenting the Letters Patent Appeal. The judgment was delivered by the learned Single Judge on 7th July, 2004. The applicant contends that she was not aware of the proceedings of writ petition and the decision rendered therein and that she came to know about the disposal of the writ petition only in the year 2010 on receiving communication from the Advocate. Thereafter, she presented an application for certified copy which was received on 27.1.2011 and, thereupon, the Letters Patent Appeal came to be presented. There is nothing on record to indicate that between 2004 to 2010, the applicant was not posted with the knowledge in respect of disposal of the petition. A mere statement in the agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.3796/2015 application, putting blame on Advocate, is not trustworthy. Even otherwise, the huge delay of more than seven years in presenting the Letters Patent Appeal is not liable to be condoned. The application seeking condonation of delay is devoid of substance and stands rejected. Consequently, Letters Patent Appeal also does not deserve consideration and stands disposed of. Pending Civil Application stands disposed of. ( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

agp/-