The State Of Maharashtra And ORS v. Mahadeo Tulshiram Kumbhar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.13618/2016 4 CIVIL APPLICATION NO. 13618 OF 2016 IN FAST/26459/2016 WITH CA/13619/2016 IN FAST/26459/2016 THE STATE OF MAHARASHTRA AND ORS

VERSUS

MAHADEO TULSHIRAM KUMBHAR ...

AGP for Applicant State : Mr. S.M.Ganachari Mr.Sarawade Patil Dattatray D., Advocate, and Mr.D.B.Pokale, Adv., for respondent /sole.

...

CORAM : P.R. BORA, J.

Dated: June 29, 2017 ...

PER COURT :- 1.

Delay of 960 days has occurred in filing the present appeal by the State. Though the learned Counsel appearing for the respondent i.e. original claimants has opposed for condonation of delay, for the reasons stated in the application more particularly in paragraph nos. 3 and 4 of the application, I am inclined to allow the present application. Hence, the following order:

ORDER

1.

The application is allowed. The delay caused in filing the appeal is condoned. The Appeal be registered in accordance with law. Civil Application for condonation of delay stands disposed of. After registration of the appeal, issue notice to the agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.13618/2016 respondents. Learned Counsel Shri Sarvade Patil waives service for the respondents / original claimants. List the matter for final disposal at admission stage on 28th of July, 2017. Call for R & P. 2.

The execution of the impugned award shall stand stayed subject to deposit of entire amount under the award along with the interest thereon by the appellant State within twelve weeks from the date of this order.

3.

Civil Application for stay stands disposed of. ( P.R. BORA, J. ) ...

agp/-