Ramrao Rangnath Padghan Died Lrs Shivaji And Others v. The State Of Maharashtra And Others

1 CA 13436 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 13436 of 2015 In Civil Revision Application Stamp No.14280 of 2013 Ramrao s/o Rangnath Padghan Since deceased, through his legal representatives.

.. Applicants.

Versus

The State of Maharashtra And Others.

.. Respondents.

-------- Shri. Manish P. Tripathi, Advocate, for applicants. Shri. S.Y. Mahajan, Assistant Government Pleader, for respondent Nos.1 to 3.

---------- CORAM: T.V. NALAWADE, J.

DATE : 8th DECEMBER 2015 ORDER:

1) The application is filed for condonation of delay of 4015 days caused in filing revision against the judgment and award of the Reference Court. Heard both the sides.

2) The submissions were made and contentions are made in the application that original applicant of the reference application was dead and his legal

2 CA 13436 of 2015 representatives, present applicants, did not know about pendency of the matter and so delay is caused. 3) In view of the contentions made and as nothing could have been achieved by not filing the proceeding in time by the legal representatives, the delay can be condoned. Considering the extent of delay, which is more than 4000 days, this Court asked about the liability to pay interest. Learned counsel for the applicants submitted that the applicants will not claim interest in respect of this period in respect of entire amount.

4) In view of these submissions and that some orders are made by this Court in other proceedings, this Court holds that delay can be condoned. In the result, the application is allowed. Delay is condoned. In civil revision application learned Assistant Government Pleader appears for all the respondents. List the main matter for disposal at the admission stage on 12th January 2016.

Sd/- (T.V. NALAWADE, J. ) rsl