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Bombay High CourtCA/1733/2020delay condonatedrejected

Onkar Manik Patil (Died) Thr Lrs Kevalbai And ORS v. The State Of Maharashtra And ORS

2023-02-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 62 CA-1733.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 62 CIVIL APPLICATION NO.1733 OF 2020 IN FAST/26134/2018 ONKAR MANIK PATIL (DIED) THROUGH LRS KEVALBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Ishwar K. Wagh, Advocate holding for Mr. K.M. More, Advocate for the applicants.

Mr. S.W. Munde, AGP for respondent Nos.1 to 3. Mr. B.K. Patil, Advocate for respondent No.4. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27.02.2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking condonation of delay of 2117 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned A.G.P. as well as learned Counsel for the Acquiring Body strongly opposed the application on the ground that there is also circulation delay.

2.

However, considering the statutory right of the applicants, the delay of 2117 days stands condoned subject to condition that the applicants shall not claim any interest for the said delay period and also for the delay in circulating the matter belatedly.

(2) 62 CA-1733.2022.odt 3.

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

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde