Govind Sambhaji Madge Died Th Lrs Laxmibai Govind Magde And ORS v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1817 OF 2013 IN FIRST APPEAL ST. NO. 18951 OF 2011 Govind s/o Sambhaji Madge (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. K. M. Nagarkar, advocate for the Applicants Mr. S. S. Dande, AGP for Respondents No.1 & 2. Mr. R. C. Patil, advocate for Respondent No.3. AND CIVIL APPLICATION NO.1856 OF 2013 IN FIRST APPEAL ST. NO. 14868 OF 2011 Govind s/o Sambhaji Madge (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. K. M. Nagarkar, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondents No.1 & 2. Mr. R. C. Patil, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 28th March, 2023.

PC :

Heard rival submissions.

The respective applicants are seeking condonation of delay periods mentioned, in these applications, which

{2} ca1817.13.odt appear to be caused due to their poor fnancial condition. The learned Counsel for the acquiring body as well as learned AGP strongly opposed the applications on the ground that no reasonable cause is mentioned for condoning the delay periods and there is also circulation delay since the applicants did not take any efforts to circulate the matter after the year 2013.

However, considering the statutory right of the applicants and for the reasons stated in the applications, both the applications are allowed and the delay periods mentioned in these applications stand condoned subject to the condition that the applicants shall not claim any interest for the aforesaid periods of delay and also for the delay in circulating the matters belatedly i.e. from 2013 up till now. The appeals be placed for admission after removal of offce objections, if any.

Civil Applications are accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb