Nisar S/O Sajan Patel And ANR v. The State Of Maharashtra And ANR

(1) 910 CA-12866.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO.12866 OF 2022 IN FAST/20307/2022 NISAR S/O SAJAN PATEL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. D.R. Jaybhar, Advocate for the applicants. Mr. S.N. Kendre, A.G.P. for respondent No.1.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26th April 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 899 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The learned Counsel for the Acquiring Body, despite appearance, remained absent.

3.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 899 days in this application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

(2) 910 CA-12866.2022.odt 4.

The appeal be placed for admission after removal of office objections, if any.

5.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde