Bhanudas Mayanji Nimbalkar (Died) Thr Lrs Narayan And ANR v. The State Of Maharashtra

4-ca-2360-2018+.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2360 OF 2018 IN FIRST APPEAL STAMP NO. 30588 OF 2017 Manik Dagdu Nimbalkar - Died through Lrs.

A) Laxmibai Manik Nimbalkar and another ... Applicants

Versus

The State of Maharashtra ... Respondent AND CIVIL APPLICATION NO. 2361 OF 2018 IN FIRST APPEAL STAMP NO. 29937 OF 2017 Bhanudas Mayanji Nimbalkar -Died through L.Rs 1-A) Narayan Bhanudas Nimbalkar & Anr ... Applicants

Versus

The State of Maharashtra ... Respondent ....

Mr. D. R. Jayabhar, Advocate for applicants Mr. A. B. Chate, AGP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 25th OCTOBER, 2021 PER COURT :- .

Heard.

2.

There is delay of 4448 and 4445 days, respectively, in preferring the appeals. Learned Advocate, however, informs that in

(( 2 )) 4-ca-2360-2018+ connected matters delay has been condoned. In view of the same, the applications are allowed in terms of prayer clause (B), provided that the applicants shall not be entitled for interest for the delayed period of 4448 and 4445 days, respectively, so also the delay of little over four years in seeking circulation of these applications, minus the period of one year of pandemic.

3.

Appeals be registered.

4.

On registration of appeals, issue notice to the respondent, returnable on 10th January, 2022. 5.

Learned AGP waives service of notice on behalf of the respondent - State.

6.

Call record and proceedings.

[ R. G. AVACHAT, J. ] SMS