Vithal S/O Govind Sokambale (Died) Thr Lrs. Dhondiba S/O Vithal Sonkambale v. The State Of Maharashtra, Through The Collector, Nanded And Others

910 ca.6749.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

910 CIVIL APPLICATION NO. 6749 OF 2023 IN FAST/26540/2020 VITHAL S/O GOVIND SOKAMBALE (DIED) THR LRS.

DHONDIBA S/O VITHAL SONKAMBALE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, NANDED AND OTHERS ...

Advocate for Applicant : Mr. Laxmikant C. Patil. AGP for Respondent Nos.1 & 3 : Mr. R. B. Dhaware. Advocate for Respondent No.2 : Mr. G. S. Khaire, h/f Mr. S. S. Dande. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

15th January, 2025.

P.C.:

.

Heard the learned counsel for the parties.

This is an application for condonation of delay of 242 days caused in filing the first appeal.

The learned AGP and the learned counsel for respondent No.2 strongly oppose the application.

The learned counsel for the applicant pointed out the reasons stated in the application, particularly paragraph No.2 of the application, that the claimant was facing a problem of paucity of funds for filing the appeal. He submits that the delay is not caused deliberately and intentionally.

910 ca.6749.23.odt Considering the overall fact situation and the reasons stated in the application, it appears that the delay is not caused deliberately and intentionally. Hence, the delay stands condoned. The application is allowed. Appeal be registered.

Appeal:

Issue notice to respondents, returnable on 12th February, 2025. The learned AGP waives notice on behalf of respondent Nos.1 and 3. Mr. Dande, learned counsel waives notice for respondent No.2. The record and proceedings be called for.

[ SANJAY A. DESHMUKH, J. ] nga