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Bombay High CourtCA/6036/2020delay condonatedrejected

Raosaheb Vishwanath Kore And ORS v. The State Of Maharashtra And ORS

2023-07-11Hon'Ble Shri Justice Sandipkumar C. More2 pages

949-CA-6036-2020

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 6036 OF 2020 IN FIRST APPEAL (ST) NO. 11273 OF 2019 RAOSAHEB VISHWANATH KORE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. H.B. Nandagavale - Advocate for Applicants Mr. S.P. Tiwari - AGP for Respondent Nos.1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 2129 days, which appears to be caused due to their poor financial condition.

3.

The learned A.G.P. strongly opposed the application on the ground that, no reasonable cause is mentioned for condoning the delay. The acquiring body despite service remained absent.

Pooja K.

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949-CA-6036-2020 4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 2129 days stands condoned subject to condition that, the applicants shall not claim any interest for the period of aforesaid delay. 5.

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

6.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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