Chandar Manikrao Kedar v. The State Of Maharashtra And ORS

(1) 909 CA-13459.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.13459 OF 2021 IN FAST/16222/2019 WITH CA/13462/2021 IN FAST/15369/2019 CHANDAR MANIKRAO KEDAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. D.R. Jaybhar, Advocate for the applicants. Mr. S.S. Dande, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

13th April 2023.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay of 2495 days in filing the appeals, which appears to be caused due to their poor financial condition. 3.

The learned A.G.P. strongly opposed the applications on the ground that no reasonable cause is mentioned for condoning the delay periods and there is also circulation delay. The acquiring body though served, but remained absent. Though the appearance of Mr. S.C. Bhosale is shown on the Board on behalf of respondent No.3 Acquiring Body, but there is no record of his appearance in the matters itself.

(2) 909 CA-13459.2021.odt 4.

Considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matters belatedly. 5.

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

6.

The applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde