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Bombay High CourtCA/5975/2020delay condonatedrejected

Devrao Nagnath Demgunde v. The State Of Maharashtra And ORS

2024-01-05Hon'Ble Shri Justice R. M. Joshi3 pages

2024:BHC-AUG:154

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5976 OF 2020 IN FAST/12864/2019 Vithal Baliram Suryawanshi ....Applicant

VERSUS

The State Of Maharashtra And Ors .....Respondent WITH CIVIL APPLICATION NO. 5972 OF 2020 IN FAST/11631/2019 Shrihari Madhavrao Mundhkar (died) Thr Lrs Renuka And Ors .....Petitioner

VERSUS

The State Of Maharashtra And Ors .....Respondent WITH CIVIL APPLICATION NO. 5975 OF 2020 IN FAST/12866/2019 Devrao Nagnath Demgunde .....Petitioner

VERSUS

The State Of Maharashtra And Ors .....Respondent WITH CIVIL APPLICATION NO. 5974 OF 2020 IN FAST/12868/2019 Pandhari Govindrao Wadare .....Petitioner

VERSUS

The State Of Maharashtra And Ors .....Respondent

.....

Mr. V. G. Sakoklar, Advocate for Applicants.

Mr. D. B. Banage,AGP for Respondent Nos. 1 and 2 Mr. N. S. Tekale, Advocate for Respondent No. 3 ...

CORAM:R.M. JOSHI, J DATE :JANUARY 05, 2024 PER COURT :

1.

Perused applications.

2.

Learned Counsel for Applicants submit that Applicants are residing in remote are and have no knowledge about legal proceeding. He further submits that owing to the financial condition, Applicants could not prefer Appeal within the period of limitation and hence, delay is sought to be condoned.

3.

Learned AGP and learned Counsel for Respondent No. 3 have opposed the applications by contending that there is no sufficient ground made out for condonation of delay.

4.

Perusal of the applications show that Applicants have assigned specific reason for not preferring Appeal in time. This Court does not find any mala fides on the part of the Applicants in not approaching this Court in time. In any case, Applicants

would not have gained anything by not approaching this Court in time.

5.

In view of above, all civil applications are allowed in terms of prayer clause 'B'. Appeals be registered. However, Applicants in these Civil Applications would not be entitled for any interest for this period, if succeed in Appeal.

(R. M. JOSHI, J.) Malani