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Bombay High CourtCA/14588/2016disposed offdismissed for default

Namdeorao Mahadeorao Ghodke Deleted And ORS v. The State Of Maharashtra And ORS

2017-03-03Hon'Ble Shri Justice V.K. Jadhav1 pages

1063 ca.14588.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1063 CIVIL APPLICATION NO. 14588 OF 2016 IN FAST/30245/2016 NAMDEORAO MAHADEORAO GHODK DELETED AND ORS

VERSUS

THE STATE OF MAHARASHTRA AD ORS ...

Advocate for Applicants : Mr. Kuptekar Sachin V. AGP for Respondents: Mr. S.P. Sonpawale .....

CORAM : V. K. JADHAV, J.

DATED : 3rd MARCH, 2017 PER COURT:- 1.

Heard both sides. Learned counsel for the applicants submits that the applicants are poor agriculturists and due to financial constraints and unawareness of legal process, the applicants could not prefer appeal within limitation and therefore, delay occurred. Learned A.G.P. has strongly resisted the application on the ground that delay has not been explained satisfactorily. 2.

In view of submission made on behalf of applicants and for the reasons stated in civil application, delay caused in filing first appeal is hereby condoned. Civil application is disposed of. 3.

In first appeal, issue notice to the respondents returnable on 12.04.2017. Learned A.G.P. waives notice for respondent Nos. 1 and 2. Call for record and proceedings.

( V. K. JADHAV, J.) rlj/