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Bombay High CourtCA/9570/2021delay condonatedrejected

Satish Dnyanoba Kale (Died) Thr Lrs Shashikala And ORS v. The State Of Maharashtra And ORS

2023-01-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca9570.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9570 OF 2021 IN CROSS APPEAL ST. NO. 23474 OF 2021 IN FIRST APPEAL ST. NO. 2858 OF 2019 Satish Dnyanoba Kale (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. R. D. Kawade, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondent No.1.

Mr. A. R. Hange, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of 2446 days which appears to be caused due to death of original claimant.

The learned Counsel for respondent no.3 i.e. one of the claimants has no objection.

In view of the same, delay of 2446 days stands

{2} ca9570.21.odt condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay if the compensation is enhanced.

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

Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE) JUDGE adb