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Bombay High CourtCA/490/2023delay condonatedrejected

Balaji Maruti Atnure (Died) Lakshmbai v. The State Of Maharashtra And ORS

2023-07-28Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

{1} 957 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO.490 OF 2023 IN FAST/17620/2018 BALAJI MARUTI ATNURE (DIED) LAKSHMBAI

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. G.N. Chincholkar AGP for Respondent Nos. 1 and 3: Mr. A.B. Chate. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 28TH JULY, 2023 ORDER :- By this application, the applicant seeks to condone the delay of 364 days caused in filing the appeal. Mr. Chincholkar, learned counsel invites the attention of this Court to paragraph Nos. 2 and 3 and submits that delay is sufficiently explained.

Learned AGP for respondents opposes the prayer. Perusal of the reasons stated in Para. 2 and 3 makes out sufficient cause to condone the delay. Hence, the following order :-

O R D E R

[a] The civil application is allowed.

[b] Delay of 364 days caused in filing the appeal is condoned. [c] Appeal be registered.

[S.G. CHAPALGAONKAR] JUDGE grt/-