Prabhawati Laxman Wadje v. The State Of Mah And ORS

2024:BHC-AUG:12371-DB C.A. No.3471/2024 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3471 OF 2024 IN FIRST APPEAL (ST.) NO.14658 OF 2012 Prabhawati laxman Wadje ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. Vijay B. Patil, Advocate for applicant Mr.V.K. Kotecha, A.G.P. for State .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 28th JUNE, 2024 O R D E R :

Heard learned Advocate Mr. Patil for the applicant. Learned A.G.P. respondent No.1 State and learned Advocate Mr. Sangle for respondent No.2.

2.

The applicant has preferred first appeal against the judgment and order/ award dated 16/12/2011, passed by the Reference Court. Since there is delay of 06 days in filing the appeal, this application is preferred for condonation of delay. The applicant has stated the reasons for the delay in paragraph No.5 of the applications, which are as follows :-

C.A. No.3471/2024 :: 2 ::

"The applicant says that, he has forwarded the necessary documents to the Advocate within time but due to some family function of the Advocate and thereafter because of the death of the uncle of the Advocate on 28/05/2012, it was not possible for the Advocate to file the appeal within the prescribed time of limitation."

3.

Learned Advocate for respondent No.2 fairly submits that this Court can consider the application. Learned A.G.P. submits that, appropriate order be passed. 4.

The appeal arises out of acquisition proceedings. For the reasons given in the application, we condone the delay. The Civil application is disposed of. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-