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Bombay High CourtCA/14395/2013admittedallowedgrantedrule absolute

Madhav Pandhari Suryawanshi And ORS v. The State Of Mah And ANR

2015-02-09Hon'Ble Shri Justice M.T. Joshi2 pages

ca14395-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14395 OF 2013 IN FIRST APPEAL ST. NO. 24644 OF 2012 (Madhav Pandhari Suryawanshi and others Vs. The State of Maharashtra and another) ---- Mr. Gaurav L. Deshpande, Advocate for the applicants Mr. S.G. Sangle, A.G.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 09/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

Mr. G.L. Deshpande, learned counsel for the applicants, submits that the delay of 890 days has occurred in filing the first appeal as the applicants/ appellants were not aware that the appeal can be filed. Further, they had to arrange for the funds.

3.

Considering the reasons stated in the application, in my view, the delay is sufficiently explained. In the circumstances, the delay is condoned. The application is allowed on the condition that the applicants/appellants would not claim any statutory

ca14395-2013 interest for the delayed period over the amount, if any enhanced by this Court.

.

The present application stands disposed of.

[M.T. JOSHI] JUDGE npj/ca14395-2013