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Bombay High CourtCA/3823/2022admittedallowedgrantedrule absolute

Kailas Sandusing Gusinge v. The State Of Maharashtra Through Collector, Jalna And Others

2025-02-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:5556 933 CA 3823-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 3823 OF 2022 IN FIRST APPEAL (ST) NO. 17679 OF 2021 KAILAS SANDUSING GUSINGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND OTHERS ...

Mr. D.M. Pangale - Advocate for Applicant Mr. R.B. Dhaware - AGP for Respondent Nos.1 and 2, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27.02.2025 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 2468 days in filing First Appeal, which appears to be caused due to his poor financial condition.

3.

Learned A.G.P. strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay. Learned Counsel for acquiring body despite appearance remained absent. However, considering the statutory right of the applicant the delay of 2468 days stands condoned subject to cost of Rs.3,500/- to 1/2

933 CA 3823-2022 be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. It is made clear that, the applicant shall not claim interest and statutory benefits for the aforesaid period of delay.

4.

After deposit of cost the appeal be placed for admission after removal of office objections, if any.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2