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Bombay High CourtCA/12082/2021delay condonatedrejected

Sambhaji Sadashiv Kendre And ORS v. The State Of Maharashtra And ANR

2023-07-21Hon'Ble Shri Justice Sandipkumar C. More2 pages

940-CA-12082-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 12082 OF 2021 IN FIRST APPEAL (ST) NO. 22134 OF 2019 SAMBHAJI SADASHIV KENDRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. H.B. Nandagavale - Advocate for Applicants Mr. S.N. Kendre - AGP for Respondent No.1 Mr. S.B. Patil - Advocate for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 3286 days, which appears to be caused due to their poor financial condition. The learned A.G.P. and learned Counsel for the acquiring body strongly opposed the application on the ground that, there is circulation delay.

3.

However, considering the statutory right of the applicants and for the reasons stated in the application, the Pooja K.

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940-CA-12082-2021 application is allowed and the delay of 3286 days in this application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

4.

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

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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