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Bombay High CourtCA/3718/2019delay condonatedrejected

Shrimant Devrao Dangat v. The State Of Maharashtra And ORS

2022-12-09Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3718 OF 2019 IN FIRST APPEAL ST. NO. 18459 OF 2018 Shrimant Devrao Dangat Applicant

Versus

The State & others Respondents Ms. Sakshi Kale, Advocate holding for Mr. A. B. Kale, Advocate for the applicant.

Mr. S. P. Deshmukh, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :9th DECEMBER, 2022.

PER COURT :

1.

This application is for condonation of delay of 953 days occurred in preferring the appeal.

2.

Learned counsel for applicant submitted that in connected six matters, delay has been condoned by this Court. Learned AGP for the State opposed the application. None appears for respondent No. 3/acquiring body. This shows that the said respondent is not serious for opposing the application.

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Perusal of the application does not show that delay caused in preferring the appeal is deliberate. Interest of justice requires condonation thereof. Hence the order :-

ORDER

i) Application is allowed.

ii) Delay of 953 days caused in preferring appeal stands condoned.

iii) Appeal be registered.

iv) Applicant is not entitled to receive any amount of interest on enhanced compensation upto the date of filing of appeal, if he succeeds in the appeal. v) Civil application stands disposed of.

( R. M. JOSHI) Judge dyb