Nivarathi Krishnaji Chikate (Died) Thr Lrs Abhimanyu Died Thr Lrs Shivubai And ORS v. The State Of Maharashtra And ORS

(1) 917 CA-13308.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 13308 OF 2017 IN FAST/12719/2017 WITH CIVIL APPLICATION NO. 13309 OF 2017 IN FAST/12724/2017 NIVARATHI KRISHNAJI CHIKATE (DIED) THR LRS ABHIMANYU DIED THR LRS SHIVUBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.S. Halkude, Advocate for the applicants. Mr. R.B. Dhaware, A.G.P. for respondent Nos.1 and 2. Mr. Padalkar, Advocate holding for Mr. D.V. Soman, Advocate for respondent No. 3.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

12 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants in these applications are seeking condonation of delay of 1567 days, which appears to be caused due to their poor financial condition. 3.

The learned AGP as well as learned Counsel for the Acquiring Body strongly opposed the applications on the ground that no reasonable cause is mentioned for condoning the delay.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications

(2) 917 CA-13308.2017.odt are allowed and the delay of 1567 days in these applications stands condoned subject to cost of Rs. 2,500/- each to be deposited with the Registry of this Court for utilization of Dispensary, High Court, Bench at Aurangabad and also on the condition that the applicants shall not claim any interest and statutory benefits for the period of aforesaid delay. 5.

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

6.

The applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) VD_Dhirde