Digambar Sayabanna Vhanale And ORS v. The State Of Maharashtra And ORS

927-CA-6211-2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6211 OF 2019 IN FAST/22410/2018 SAYBANNA SHIKRA VHANALE (DIED) THR LRS DHARAMRAJ AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH CA/6212/2019 IN FAST/22694/2018 WITH CA/6213/2019 IN FAST/22697/2018 WITH CA/6214/2019 IN FAST/22701/2018 ....

Mr. L. C. Patil, Advocate for applicants Mr. A. B. Chate, AGP for respondent Nos. 1 and 2 ....

CORAM : Y. G. KHOBRAGADE, J.

DATED : 17th NOVEMBER, 2022 PER COURT :- .

Heard learned counsel appearing for the applicants and the learned AGP for non-applicant Nos. 1 and 2. Though the non-applicant No.3 - Acquiring Body served with the notice, but none appeared.

(( 2 )) 927-CA-6211-2019 2.

By the present applications, the applicants prayed for condonation of delay caused while filing appeal on the ground that due to their financial crises, they could not arrange Court fees to file appeal, therefore, delay has been caused, which is bona-fide and substantiate.

3.

The learned AGP has not seriously challenged the said delay. However, he submitted that the applicants shall not be entitled for statutory benefits and interest for the delayed period. 4.

In view of the above, I am inclined to grant present applications and proceed to pass following order. 5.

Civil applications are hereby allowed. Delay, if any, caused in filing appeals is hereby condoned. However, the applicants shall not be entitled for interest and statutory benefits for the delayed period. No order as to costs.

6.

The office to register first appeals and place before the Court for further action.

[ Y. G. KHOBRAGADE, J. ] SMS