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Bombay High CourtCA/4908/2021disposed off

Narayan Natha Patil Antari v. The State Of Maharashtra And ANR

2023-04-26Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 906 CA-4908.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.4908 OF 2021 IN FAST/15618/2019 NARAYAN NATHA PATIL ANTARI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Vitthal Wayal, Advocate for the applicant. Mr. S.S. Dande, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26th April 2023.

ORDER:- 1.

At the request of learned Counsel for the applicant, the respondent No.3 is deleted at the risk of applicant. Deletion be carried out forthwith. The learned A.G.P. waives service for respondent No.2.

2.

Heard rival submissions.

3.

The applicant is seeking condonation of delay of 1725 days, which appears to be caused due to his poor financial condition. The learned A.G.P. strongly opposed the application on the ground that the delay is not properly explained and there is circulation delay also.

4.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is

(2) 906 CA-4908.2021.odt allowed and the delay of 1725 days in this application stands condoned subject to condition that the applicant shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde