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Bombay High CourtCA/2969/2020delay condonatedrejected

Ganpti Sallapa Gorte v. The State Of Maharashtra

2022-06-20Hon'Ble Shri Justice S. G. Dige2 pages

( 1 ) 26 ca 2969.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO.2969 OF 2020 IN FAST/26961/2019 GANPTI SALLAPA GORTE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Madde Shrikant B AGP for Respondents/State : Mr. A.B. Chate ...

CORAM : S.G. DIGE, J.

DATE : 20th June, 2022 P.C.:- Heard learned counsel for the applicant and respondent no1. Though respondent no.3 is served with notice but none appears for respondent no.3.

2.

Learned counsel for the applicant submits that in the connected group of matters the delay is condoned by this Court i.e. Civil Application No.5442/2014. Due to weak financial condition, applicant could not prefer appeal within the stipulated period, hence, requested to allow the application. Considering the reasons mentioned in the application as well as in connected matters, this Court has condoned the delay, hence I pass the following order:

( 2 ) 26 ca 2969.20 ORDER:

i) Delay of 2632 days is condoned.

ii) Applicant shall not claim interest for delayed period. Iii) Appeal be registered. Call R & P.

iv) Issue notice to the respondents in First Appeal Stamp, returnable on 28.09.2022. Learned AGP waives service for respondent no1. [S.G. DIGE, J.] mub