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Bombay High CourtCA/5823/2018admittedallowedgrantedrule absolute

Shripati Ramrao Patil (Died) Thr Lrs Shriram Shripati Patil v. The State Of Maharasthra And Another

2018-06-07Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) ca5823.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5823 OF 2018 IN X-OBJST/6004/2018 WITH CA/5824/2018 IN X-OBJST/6001/2018 SHRIPATI RAMRAO PATIL (DIED) THR LRS SHRIRAM SHRIPATIPATIL

VERSUS

THE STATE OF MAHARASTHRA AND ANOTHER Mr.Vivekanant V. Ingale, Advocate for the applicant Mr.A.S.Shinde, AGP for the respondent/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

07.06.2018 P.C. :- .

Heard learned counsel appearing for the applicants.

2.

By way of applications the applicants are praying for condonation of delay of 118 days caused in filing cross-objection. He submits that their delay is un-intentional and as the appellants are not conversant with the legal procedure and also facing financial constraints, the applicants could not approach the counsel within reasonable period. Learned counsel appearing for the applicants submitted by inviting our attention to ground No.3 in the application that after raising the necessary finance the applicants have approached this Court and filed the cross-objection.

( 2 ) ca5823.18 Learned counsel appearing for the applicant also inviting our attention to the order passed by this Court on 28.09.2017 to submit that the appeal filed by the State challenging the order of the reference to dated 01.12.2011 is admitted by this Court, though learned AGP opposes the application for condonation of delay. 3.

In view of the submissions of the learned counsel appearing for the applicants and for the reasons stated in the applications, the applications are allowed and disposed of. Delay condoned. Tag the cross-objection alongwith appeal filed by the State for further consideration.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/ca5823.18