Venkati Manikrao Shinde And ANR v. The State Of Mah And ORS

2025:BHC-AUG:19927 1 33-CA 4178-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4178 OF 2023 IN FAST/8113/2012 Venkati @ Vyankatrao Manikrao Shinde And Another .. Applicants

Versus

The State of Maharashtra and others .. Respondents Mr. Kiran M. Nagarkar, Advocate for the Applicants. Mr. R. B. Dhaware, AGP for Respondent Nos. 1 and 2. Mr. B. A. Shinde, Advocate for Respondent No. 3. CORAM : KISHORE C. SANT, J.

DATE : 25th JULY, 2025.

PER COURT :- .

Heard.

2.

This application is for condonation of delay of 29 days caused in filing the first appeal. The appeal is filed in the year 2012. Initially, the applicant had filed an application seeking permission to file an appeal as indigent person and seeking exemption from payment of Court fees, however, later on the applicant paid the Court fees and thus, now the application is filed seeking condonation of delay.

2 33-CA 4178-2023.odt 3.

Since the applicant had not taken steps as the application was pending seeking permission to file appeal as indigent person and now that application is not pressed and the Court fees is paid. The application is allowed with a condition that, in case, the amount of compensation is enhanced, the applicant shall be entitled to receive only 50% of statutory benefits from the period from filing of appeal in 2012 till allowing the present application for condonation of delay.

4.

For the reasons stated in the application, application stands allowed. Delay stands condoned. The first appeal be registered. 5.

The civil application stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.