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Bombay High CourtCA/8393/2023delay condonatedrejected

Nirmalabai Jaggnath Sarode v. The State Of Maharashtra Through The Collector Jalna And ORS

2023-09-11Hon'Ble Shri Justice Arun R. Pedneker2 pages

8390.23CA+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 131 CIVIL APPLICATION NO.8390 OF 2023 IN FAST/10669/2023 BHAGWAN HARIBHAU DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the applicant : Mr.A.H.Korhalkar h/f. Mr.V.D.Bhise AGP for Respondent-State : Mr.K.B.Jadhavar ...

AND 132 CIVIL APPLICATION NO.8393 OF 2023 IN FAST/10661/2023 NIRMALABAI JAGGNATH SARODE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for Applicant : Mr.A.H.Korhalkar h/f. Mr.V.D.Bhise AGP for Respondent-State : Mr.B.V.Virdhe ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.09.2023 P.C. :

A] ORDERS IN CIVIL APPLICATION FOR DELAY 1] The present Civil Applications are filed to condone the delay of 1437 days in filing the First Appeals.

8390.23CA+ 2] The learned counsel for the applicants submits that the applicants are poor agriculturists and they do not have knowledge of limitation about filing of the Appeal before the High Court. The financial condition of the applicants is not sound. The delay caused in filing the First Appeals are not intentional and deliberate act. The learned counsel for the applicants submits that the applicants would not claim interest on the delay period. Considering the said fact, the present Civil Applications may be allowed. 3] For the reasons stated in the Civil Application, the same are allowed. Delay is condoned. The applicants would not claim interest for the delayed period. Appeals are registered. Accordingly, Civil Applications are disposed of. B] ORDER IN FIRST APPEALS :

Issue notice to the respondents, returnable on 9th October, 2023. The learned AGPs waive notice for the respondent nos.1 and 2.

[ARUN R. PEDNEKER] JUDGE DDC