Girmaji Bapurao Bambare v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10671 OF 2019 IN FIRST APPEAL ST. NO. 11271 OF 2019 Girmaji s/o Bapurao Banbare Applicant

Versus

The State of Maharashtra & others Respondents Mr. G. N. Chincholkar, advocate for the Applicant Mr. P. N. Kutti, AGP for Respondents No. 1 & 3. CORAM : SANDIPKUMAR C. MORE, JJ.

DATE : 28th July, 2022.

PC :

Heard learned Counsel for the applicant as well as learned AGP for Respondents No.1 & 3. The acquiring body - Respondent No.2, despite service of notice, remained absent. The applicant/appellant i.e. original claimant is seeking condonation of delay of 1229 days in fling this First Appeal. According to him, he could not fle the appeal within the limitation period as his economic condition was critical. Only after borrowing certain amount from the relatives, he

{2} ca1067119.odt could approach this Court for fling the appeal. The learned AGP has strongly objected. However, the acquiring body, who is the contesting respondent, remained absent. Hence, for the reasons stated in the application and considering the statutory right of the applicant, the Civil Application is hereby allowed and delay of 1229 days is condoned subject to the condition that the applicant shall not claim any interest for the aforesaid period of delay. The appeal be listed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE) JUDGE adb