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Bombay High CourtCA/13188/2014admittedallowedgrantedrule absolute

Mohamedsab Dadasab Kabade Died Thr.Lrs. Chabanbee Mohamedsab Kabade And Others v. The State Of Maharashtra And Others

2016-08-05Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane2 pages

CA 13188/14 in FAST 8885/14 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13188/2014 IN FIRST APPEAL (St) NO.885/2014 Mohamedsab Dadasab Kabade, died, through L.Rs. Chabanbee Mohamedsab Kabade & others.

...Applicants..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri Amit S. Deshpande, Advocate for applicants. Shri A.R. Kale, AGP for respondent nos.1 & 3. Shri S.S. Dande, Advocate for respondent no.2. .....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 05.08.2016 ORDER :

1] The instant civil application is presented seeking condonation of delay of 2011 days occurred in presenting the appeal.

2] It is informed that the appeal presented by the acquiring body is admitted and pending for final disposal.

CA 13188/14 in FAST 8885/14 - 2 - 3] In this view of the matter, there shall be no difficulty in condoning the delay and admitting the instant appeal.

4] It transpires that there is delay of 2011 days in presenting the appeal. Since there is no justification for such a prolonged delay, we direct that the applicants shall not be entitled to claim interest for the delayed period of 2011 days.

5] Civil application is allowed and disposed of. Delay of 2011 days occurred in presenting the appeal is condoned.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c581632.doc