Santosh Maruti Pawar v. The State Of Maharashtra And ORS

2025:BHC-AUG:18396 {1} CA 233 OF 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 233 OF 2018 IN FAST/16374/2017 Santosh Maruti Pawar

VERSUS

The State of Maharashtra and Others ...

Advocate for Applicant : Mr.Pramod Karode h/f. Mr.A.B. Kale AGP for Respondent nos.1 & 2: Mrs.D.S.Jape Advocate for Respondent no.3 : Mrs.Chaitali Chaudhari Kutti ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 15 JULY, 2025 PER COURT :- 1.

This application is filed by the claimants for condonation of delay of 2260 days caused in filing first appeal against the judgment and order dated 26-11-2010 passed by the learned 4th Additional Civil Judge, Senior Division, Aurangabad in LAR No.135 of 2000. 2.

Learned Counsel for respondent no.3 opposed application stating that delay is not properly explained. It is further submitted that, if at all this Court is inclined to condone the delay, the statutory benefits may not be granted for the period of delay.

{2} CA 233 OF 2018 3.

For the reasons mentioned in the application and in the interest of justice, delay is required to be condoned. Accordingly, application is allowed. Delay is condoned on the condition that the applicant shall not be entitled for the interest for the period of delay. 4.

Accordingly, application is disposed of.

5.

Appeal be registered. On registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Learned AGP waives service of notice for respondent nos.1 and 2. Mrs.Chaitali Chaudhari Kutti, learned Counsel waives service of notice for respondent no.3.

( ABHAY S. WAGHWASE ) JUDGE SPT