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Bombay High CourtCA/13306/2017disposed off

Jagannath Sukhdeo Darade And ORS v. The State Of Maharashtra And ANR

2025-09-18Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:25341 927-CA-13307-2017+ -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 13307 OF 2017 IN FAST/26141/2017 SOJARBAI MARUTI DARADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 13306 OF 2017 IN FAST/26143/2017 JAGANNATH S/O SUKHDEO DARADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Dnyaneshwar A. Bide AGP for Respondent-State : Mr. V. S. Badakh Advocate for Respondent No.2 : Mr. Laxman Kawale ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

18 SEPTEMBER 2025 PER COURT :- CIVIL APPLICATION NO. 13307 OF 2017 1.

Learned counsel for the applicants seeks permission to delete respondent nos. 3 and 4 who are said to be formal parties. 2.

Applicant is allowed, at his own risk, to delete respondent nos. 3 and 4 from the array of respondents.

3.

Stand over to 09.10.2025.

927-CA-13307-2017+ -2CIVIL APPLICATION NO. 13306 OF 2017 4.

This application is filed seeking condonation of delay of 514 days caused in filing the First Appeal.

5.

Learned counsel for the respondent acquiring body opposed on the ground that delay is not properly explained. He further submits that, if at all this Court is inclined to condone the delay, the interest may not be granted for the period of delay.

6.

For the reasons mentioned in the application and in the interest of justice, delay is required to be condoned. Accordingly, application is allowed and delay is condoned on the condition that the applicant shall not be entitled for the interest for the period of delay. The application is accordingly disposed off. Appeal be registered. [ABHAY S. WAGHWASE, J.] vre