Subhadrabai Baliram Kilje Dead Thr Her Lrs Udhav Baliram Kilje v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11414 OF 2016 IN FIRST APPEAL (STAMP) NO.23025 OF 2016 (Ashok Ramrao Patil Vs. The State of Maharashtra) AND CIVIL APPLICATION NO.9101 OF 2018 IN FIRST APPEAL (STAMP) NO.23050 OF 2016 (Subhadrabai Baliram Kilje, dead through her L.Rs. Udhav Baliram Kilje Vs. The State of Maharashtra and another) AND CIVIL APPLICATION NO.9638 of 2018 in first appeal (stamp) no.26000 of 2016 (Maruti Gena Kilje (Died) through L.Rs.Vimal and others Vs. The state of Maharashtra and another) ---- Mr. Vivekanand V. Ingale, Advocate for the applicants Mr. S.P. Deshmukh, Mr. A.M. Phule and Mr. R.B. Bagul, A.G.Ps. for the respondent/State ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

5nd APRIL, 2019 ORDER :

Heard learned counsel for the applicant and learned A.G.P. for respondent Nos.1 and 2. Respondent No.3 is also served.

2.

The learned A.G.P. objects these applications for condonation of delay. However, after going

ca11414-2016 through paragraph No.4 of the application, it appears that due to illiteracy, the applicants could not file appeal within time limit. As the applicant has assigned sufficient reason for delay, the applications are allowed and disposed of in terms of prayer clause (B), subject to condition that the applicants shall file written undertaking in respective First Appeals within period of eight weeks from the date of passing of this order regarding waiver of statutory benefits for the period of delay.

3.

First Appeal (Stamp) Nos.23025/2016, 23050/2016 and 26000/2016 be registered. Upon registration of First Appeals, issue notices to the respondents. The learned A.G.P. Waives service of notice for respondent Nos.1 and 2.

4.

R & P be called.

5.

Stand over to 16th July, 2019.

[SUNIL K. KOTWAL] JUDGE npj/ca11414-2016