Babarao Yadavrao More v. The State Of Maharashtra And ANR

CA 14104/17 in FAST 14453/17 with FAST 14453/17 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14104/2017 IN FIRST APPEAL (ST) NO.14453/2017 WITH FIRST APPEAL (ST) NO.14453/2017 Babarao Yadavrao More.

...Applicant..

Appellant

Versus

The State of Maharashtra & another.

...Respondents...

.....

None present applicant / appellant.

Shri A.M. Phule, AGP for respondent no.1.

.....

CORAM: M.S. SONAK, J.

DATE: 30.01.2018 ORDER :

1] In this case, the delay in institution of the appeal is of 22 years and 221 days.

2] On the previous occasion, the arguments were partly heard. However, today the matter is called out, neither the applicant / appellant nor his Advocate are present. 3] On perusing the application seeking condonation of delay, there is really no cause shown for such an

CA 14104/17 in FAST 14453/17 with FAST 14453/17 - 2 - inordinate delay of 22 years and 221 days. Even taking a liberal approach, it is not possible to condone such an enormous delay. The statements in the application are unverified. Attempt is made to apportion the blame on some Advocate. It is not sufficient to handover the papers to the Advocate and remain under the impression that the Advocate would have done the needful. 4] Taking into account the magnitude of the delay, the applicant was also required to pursue the matter and atleast see whether the same has been filed or not. 5] Taking into consideration all these circumstances, the application for condonation of delay is dismissed. As a consequence, the First Appeal (St) No.14453/2017 does not survive and is also disposed of as such. (M.S. SONAK, J.) ndk/c3011855.doc