Madhav Vithal Kendre And ANR v. The State Of Maharashtra And ORS

2024:BHC-AUG:155

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6032 OF 2020 IN FAST/25271/2019 Madhav Vithal Kendre And Anr ....Applicant

VERSUS

The State Of Maharashtra And Ors .....Respondent WITH CIVIL APPLICATION NO. 6035 OF 2020 IN FAST/25348/2019 Datta Tulshiram Kendre And Anr .....Petitioner

VERSUS

The State Of Maharashtra And Anr .....Respondent WITH CIVIL APPLICATION NO. 6034 OF 2020 IN FAST/25351/2019 Venkat Laxman Kendre And Ors .....Petitioner

VERSUS

The State Of Maharashtra And Anr .....Respondent WITH CIVIL APPLICATION NO. 6033 OF 2020 IN FAST/25354/2019 Shivaji Vithalrao Kendre And Anr .....Petitioner

VERSUS

The State Of Maharashtra And Anr .....Respondent

...

Mr. V. G. Sakoklar, Advocate for Applicants.

Mr. S. V. Hange, AGP for Respondents ...

CORAM:R.M. JOSHI, J DATE :JANUARY 05, 2024 PER COURT :

1.

Perused applications.

2.

Learned Counsel for Applicants submit that Applicants are residing in remote are and have no knowledge about legal proceeding. He further submits that owing to the financial condition, Applicants could not prefer Appeals within the period of limitation and hence, delay is sought to be condoned.

3.

Learned AGP for Respondents opposed the applications by contending that there is no sufficient ground made out for condonation of delay.

4.

Perusal of the applications show that Applicants have assigned specific reason for not preferring Appeal in time. This Court does not find any mala fides on the part of the Applicants in not approaching this Court in time. In any case, Applicants would not have gained anything by not approaching this

Court in time.

5.

In view of above, all civil applications are allowed in terms of prayer clause 'B'. Appeals be registered. However, Applicants in these Civil Applications would not be entitled for any interest for this period, if succeed in Appeal.

(R. M. JOSHI, J.) Malani