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Bombay High CourtCA/11581/2018delay condonatedrejected

Sahebrao Tukaram Kotkar (Died) Thr Lrs Bhausaheb And ORS v. The State Of Maharashtra And ANR

2021-10-22Hon'Ble Shri Justice R. G. Avachat2 pages

905-CA-11581-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11581 OF 2018 IN FIRST APPEAL (ST) NO. 12184 OF 2018 Sahebrao Tukaram Kotkar (Died) Through L.Rs.

Bhausaheb Sahebrao Kotkar and Others ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. D.R. Jayabhar, Advocate for applicants Mr. B.V. Virdhe, A.G.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT, J.

DATED : 22nd OCTOBER, 2021 PER COURT :

1.

Heard.

2.

There is delay of 916 days in filing the appeal. Moreover, the application was filed in 2018 and circulated first time today, causing delay of little over three years.

3.

For the reasons given in the application, same is allowed in terms of prayer clause (B), provided the applicants shall not be entitled for 1 / 2

905-CA-11581-18.odt component of interest or any other monetary benefits for the delayed period of 916 days in filing the appeal plus the delay of little over three years in seeking circulation of this application.

( R.G. AVACHAT, J. ) SSD 2 / 2