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Bombay High CourtCA/4816/2020disposed off

Bharat Madhavrao Ingale (Died) Thr Lrs Vijayabai And ORS v. The State Of Maharashtra And ANR

2023-06-13Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4816 OF 2020 IN FIRST APPEAL ST. NO. 28191 OF 2018 Bharat Madhavrao Ingale (died) through L. Rs. & others Applicants

Versus

The State of Maharashtra & another Respondents Mr. S. V. Gundre, advocate for the Applicants Mr. A. B. Chate, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard rival submissions.

Though the applicants, being the legal representatives of deceased appellant Bharat Madhavrao Ingale have prayed for bringing themselves on record, but since the appellant-Bharat died after passing of the impugned judgment, the applicants had to fle appeal. As such, there is no necessity to bring them on record and only permission to prosecute the appeal is granted to the present applicants.

Accordingly, Civil Application is disposed of. (SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4814 OF 2020 IN FIRST APPEAL ST. NO. 27706 OF 2018 WITH CIVIL APPLICATION NO. 4815 OF 2020 IN FIRST APPEAL ST. NO. 28191 OF 2018 WITH CIVIL APPLICATION NO. 4819 OF 2020 IN FIRST APPEAL ST. NO. 28196 OF 2018 WITH CIVIL APPLICATION NO. 4817 OF 2020 IN FIRST APPEAL ST. NO. 28199 OF 2018 WITH CIVIL APPLICATION NO. 4818 OF 2020 IN FIRST APPEAL ST. NO. 28202 OF 2018 Mr. S. V. Gundre, advocate for the Applicants Mr. A. B. Chate, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard rival submissions.

The respective applicants-claimants, are seeking condonation of delay periods mentioned in these applications which appear to be caused due to their fnancial crisis. The learned AGP strongly opposed the applications on the ground that the delay is not properly explained and there is also circulation delay.

However, considering the statutory right of the applicants, the delay periods, as mentioned in these applications,

{3} stand condoned subject to the condition that the applicants shall not claim any interest for the aforesaid periods of delay and also for the delay in circulating the matters belatedly. The appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb