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Bombay High CourtCA/14158/2018admittedallowedgrantedrule absolute

Motiram Shivling Wadkar v. The State Of Mah And ORS

2024-06-28Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote4 pages

2024:BHC-AUG:12373 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14156 OF 2018 IN FIRST APPEAL ST. NO.14638 OF 2012 Samb s/o Laxmanrao Shetkar ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS WITH CIVIL APPLICATION NO.9246 OF 2018 IN FIRST APPEAL ST. NO.14709 OF 2012 Yusufoddin Jamiroddin Kazi ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS WITH CIVIL APPLICATION NO.14157 OF 2018 IN FIRST APPEAL ST. NO.14697 OF 2012

:: 2 ::

Manmath Madhavrao Wadkar ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS WITH CIVIL APPLICATION NO.14158 OF 2018 IN FIRST APPEAL ST. NO.14683 OF 2012 Motiram Shivling Wadkar ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS WITH CIVIL APPLICATION NO.14159 OF 2018 IN FIRST APPEAL ST. NO.14687 OF 2012 Ganesh Manmath Wadkar ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS

:: 3 ::

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 applicants. Learned A.G.P. waives service for respondent No.1 State and learned Advocate Mr. Sangle waives service for respondent No.2.

2.

The applicants have preferred first appeals against the judgment and order/ award dated 16/12/2011, passed by the Reference Court. Since there is delay of 06 days in filing each appeal, these applications are preferred for condonation of delay. The applicants have stated the reasons for the delay in paragraph No.5 of the applications, which are as follows :- "The applicants say that, they have 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."

:: 4 ::

3.

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

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