Ramrao Dadarao Hambir And ORS v. The State Of Maharashtra And ORS

{1} ca15017.11.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15017 OF 2011 IN FIRST APPEAL ST. NO. 28504 OF 2011 Ramrao s/o Dadarao Hambir & others Applicants

Versus

The State of Maharashtra & others Respondents Mr. Ashwin V. Sakolkar, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondents No.1 & 2. Mr. A. N. Gaddime, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE J.

DATE : 15th September, 2022.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of only 251 days in fling the frst appeal.

However, learned Counsel for Respondent No.3acquiring body and the learned AGP for Respondents No.1 & 2 have pointed out that despite fling the delay condonation application in the year 2011, it was circulated for the frst time in the year 2016. Thus, gross negligence on the part of the applicants is apparent.

Therefore, the delay of 251 days stands condoned subject to the condition that the applicants shall not claim any

{2} ca15017.11.odt interest for the aforesaid period of delay and also for delay of about fve years in circulating the matter belatedly. The appeal be placed for admission after removal of offce objections, if any.

The Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb