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Bombay High CourtCA/1314/2023admittedallowedgrantedrule absolute

Masna Mahadu Susturphode v. The State Of Maharashtra And ORS

2025-02-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:4564 22 CA 1314-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 1314 OF 2023 IN FIRST APPEAL (ST) NO. 11195 OF 2018 MASNA MAHADU SUSTURPHODE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. G.N. Chincholkar - Advocate for Applicant Mr. R.D. Raut - AGP for Respondent Nos.1 and 3, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th February, 2025 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 496 days, which appears to be caused due to his poor financial condition. The acquiring body though served, but remained absent. Learned A.G.P. strongly opposed the application.

3.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is allowed and the delay of 496 days in this application stands condoned subject to cost of Rs.1,000/- (rupees One Thousand only) to be paid Pooja Kale 1/2

22 CA 1314-2023 to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad.

4.

It is made clear that, applicant shall not claim any interest and statutory benefit for the period of aforesaid delay. 5.

The appeal be placed for admission after removal of office objections, if any.

6.

Application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2