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Bombay High CourtCA/11599/2011disposed offdismissed for default

The State Of Mah v. Housrao Sonaji Kharade And ORS

2017-07-26Hon'Ble Shri Justice V.K. Jadhav2 pages

CA 11590.2011+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11590 OF 2011 IN FAST/18026/2011 THE STATE OF MAHARASHTRA

VERSUS

SAKHARAM RAMBHAU SARODE AND OTHERS ...

WITH CA/11595/2011 IN FAST/18038/2011 WITH CA/11597/2011 IN FAST/18050/2011 WITH CA/11599/2011 IN FAST/18057/2011 WITH CA/11601/2011 IN FAST/18061/2011 WITH CA/11603/2011 IN FAST/18043/2011 ...

Advocate for Applicant : Mr B V Virdhe Advocate for Respondents : Mr S B Jadhav Mr B T Bodkhe advocate for respondents.

...

CORAM : V.K. JADHAV, J.

Dated: July 26, 2017 ...

PER COURT :- 1.

Heard.

2.

The learned AGP for the applicant-State submits that, due to some administrative difficulties, the appeals could not be preferred within a period of limitation. The learned AGP submits that, delay is not intentional one and the State was prevented from sufficient cause to prefer the appeals within a period of limitation.

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CA 11590.2011+.odt 3.

Learned counsel for respondents-claimants strongly resisted the application on the ground that delay has not been explained satisfactorily.

4.

However, considering the submissions made on behalf of the applicant-State and for the reasons stated in the application, it appears that, the applicant State was prevented for sufficient cause to prefer an appeal within limitation. Delay is not intentional one.

5.

In view of the same, the applications for condonation of delay are allowed in terms of its prayer clauses. Delay caused in filing the appeals are hereby condoned. Civil applications accordingly disposed of.

6.

In appeal, issue notice to the Respondents. Learned counsel waives notice for respondents-claimants. ( V.K. JADHAV, J. ) ...

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