Namdev Kundlik Khande (Died) Thr Lrs Ramnath Namdev Khande And ORS v. The State Of Maharashtra And ORS

{1} ca9535.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9535 OF 2021 IN FIRST APPEAL ST. NO. 5946 OF 2020 Namdev s/o Kundlik Khande (died) through legal representatives Applicants

Versus

The State of Maharashtra & others Respondents Mr. A.H. Koralkar, advocate for the Applicants Mr.S. R. Yadav Lonikar, AGP for Respondents No. 1 to 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th November, 2022.

PC :

The learned AGP waives service for Respondent No.3. Heard rival submissions.

The applicants are seeking condonation of delay of 1027 days which appears to be caused due to their fnancial crisis. The learned AGP strongly opposed the application on the ground that the delay is not properly explained. However, by considering statutory right of the applicants, delay of 1027 days stands condoned subject to the

{2} ca9535.21.odt condition that the applicants shall not claim any interest for the aforesaid period of delay.

Appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE) JUDGE adb