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Bombay High CourtCA/4896/2021admittedallowedgrantedrule absolute

Dattu Masna Karle v. The State Of Maharashtra And ORS

2025-11-26Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:32921 53 CA 4896 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO. 4896 OF 2021 IN FAST/7792/2021 DATTU MASNA KARLE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. S. H Pathan h/f Mr. Bhide Vinod Y. AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 26.11.2025 PER COURT :

Applicant seeks delay 2812 days for preferring appeal. None appears for the Acquiring Body.

2.

Learned A.G.P. opposes the application.

3.

The averments in the application have not been controverted. There is no reason to infer any oblique motive in preferring the appeal belatedly. It is noticed that application for condonation of delay was filed on 22.02.2021 and no steps are taken to circulate the matter till 13.12.2021. The lapses are attributable to the applicant. It is desirable to condone the delay. 4.

The delay stands condoned subject to forfeiture of interest and statutory benefits for the delayed period as well as for the lapses from 22.02.2021 to 13.12.2021.

FIRST APPEAL (STAMP) :

Admit. Learned A.G.P. waives service for respondent nos.1 and 2. 2.

Call for record and proceedings.

3.

Print is dispensed with.

4.

The appellant shall not be entitled to claim interest and statutory benefits for the delayed period as well as for the period of lapses. ( SHAILESH P. BRAHME, J.) mkd/- 1/1