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Bombay High CourtCA/8615/2017disposed offdismissed for default

The State Of Maharashtra And ORS v. Vitthal Uddhav Parit (Sarpale)

2019-06-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.8615 OF 2017 IN FAST/16356/2017 WITH CA/8617/2017 IN FAST/16450/2017 WITH CA/8619/2017 IN FAST/16447/2017 WITH CA/8621/2017 IN FAST/16444/2017 WITH CA/8623/2017 IN FAST/16440/2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

VITTHAL UDDHAV PARIT (SARPALE) ...

Mr. A.M. Phule, AGP for the applicants Mr. K.B. Kadhav, Advocate for the sole respondent ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

26th JUNE, 2019 PER COURT :

The present application has been filed for getting delay of 677 days condoned in filing First Appeal. The acquiring body intends to challenge the Judgment and Award dated 09.03.2015 passed by learned Civil Judge Senior Division, Osmanabad in a land reference. The learned Advocate for respondent is filing Vakalatnama today. It be accepted.

The application has been objected by the learned Advocate for the respondent stating that there is absolutely no reasonable and sufficient

CA_8615_2017 ground shown by the applicant and there is huge and inordinate delay of which each and every days has not been explained. Taking into consideration the fact that the matter pertains to public exchequer and when there is public interest liberal approach is required to be taken. Under such circumstance, for the reasons mentioned in para Nos.5 and 6 the delay is condoned. Application is allowed and stands disposed of accordingly. Registry to verify and register the First Appeal and place it for consideration on 18.11.2019.

( Smt. Vibha Kankanwadi, J. ) agd