Shantabai Dhondiram Narwade v. The State Of Maharashtra Through District Collector, Aurangabad And Others

{1} ca7988-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7988 OF 2018 IN CIVIL REVISION APPLICATION STAMP NO.11790 OF 2018 Shantabai Dhondiram Narwade APPLICANT

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. R. K. Jadhavar, Advocate for the applicant Mr. S. P. Tiwari, AGP for respondent - State .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 7 th SEPTEMBER, 2018 ORDER :

1.

Learned advocate for the applicant submits that primarily, the delay has been caused due to immobility of the applicant, being an old aged woman and she has to bear various ailments and is being treated for the same. Besides, she is an old, illiterate woman, seldom she has any knowledge of procedure. The delay has occurred under aforesaid circumstances. Learned advocate further purports to refer to that the applicant has good case on merits.

2.

Learned AGP, however, submits that the submissions advanced on behalf of the applicant have not been supported by any credible material worth consideration. He, therefore, urges

{2} ca7988-18 not to indulge into the request of the applicant. 3.

Although submissions are so advanced by learned AGP, it may have to be taken into account that the applicant being an old aged illiterate woman and is suffering various health problems. Although the application is being opposed for absence of material on record, yet, veracity of the same has not been doubted. In the circumstances, it is expedient to condone the delay, having regard to that such applications are to be approached liberally.

4.

As such, civil application is granted in terms of prayer clause "B" and is disposed of.

Digitally signed by Dinesh Ramrao Pawar Date:

2018.09.10 10:38:51 +0530 Dinesh Ramrao Pawar [SUNIL P. DESHMUKH, J.] drp/ca7988-18