The State Of Maharashtra v. Shivaji Narayan Edhate And Others

CA-14379-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14379 OF 2013 IN FIRST APPEAL [STAMP] NO. 28277 OF 2013 The State of Maharashtra .. Applicant versus Shivaji Narayan Edhate and others .. Respondents WITH CIVIL APPLICATION NO.14381 OF 2013 IN FIRST APPEAL [STAMP] NO. 28285 OF 2013 The State of Maharashtra .. Applicants versus Kisan Kondiba Sable and another .. Respondents ---- Mr. A. D. Namde, Asstt. Govt. Pleader for applicant Mr. R. L. Adhe, Advocate h/f Mr. A. A. Nimbalkar, Advocate for respondents in civil application no. 14381 of 2013 in first appeal [stamp] no. 28285 of 2013 CORAM :

SUNIL P. DESHMUKH, J.

DATE :

9th March, 2018 ORDER :

1.

1.

Heard learned Assistant Government Pleader for applicants and learned counsel for respondents. 2.

Learned Assistant Government Pleader refers to contents of paragraphs no. 2 and 3 of civil application and states that delay has been caused in the circumstances referred to in the same and submits that applicants have not gained any benefit from the delay caused.

CA-14379-13.doc 3.

Learned counsel for respondents purports to resist the application, stating that no credibility be given to submissions and reasons in the application since the contentions of the applicants have not been supported by placing anything on record.

4.

Although learned counsel for respondents submits so, he has not been able to challenge veracity of claims as would be appearing under paragraphs no. 2 and 3 of civil application. In the circumstances, it would be expedient to grant the application.

5.

Civil application is, accordingly, allowed in terms of prayer clause (B) and is disposed of.

SUNIL P. DESHMUKH, JUDGE pnd/-