The State Of Maharashtra And ORS v. Sudhir Sudhakar Jadhav And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15435 OF 2011 IN SECOND APPEAL ST. NO. 30729 OF 2011 The State of Maharashtra & others .. Applicants

Versus

Sudhir Sudhakar Jadhav & others .. Respondents Mr. S. V. Hange, AGP for the State.

Mr. P. D. Bachate, Advocate for respondents No. 1 & 3. CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1.

Learned counsel Mr. Bachate states that he has instructions to appear on behalf of respondent No. 3. 2.

This application is filed for condonation of delay of 40 days in preferring second appeal against judgment and decree dated 29th April, 2009 passed in Regular Civil Appeal No. 220/2007. 3.

Learned AGP submits that on account of administrative difficulties, appeal could not be filed in time. Learned counsel for respondents opposed the application by contending that no satisfactory reasons are shown for causing delay in preferring appeal.

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Perusal of application does not show any malafides on the part of the applicant in not preferring appeal in time. In the interest of justice, application stands allowed in terms of prayer clause 'B'.

( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL ST. NO. 30729 OF 2011 The State of Maharashtra & others .. Appellants

Versus

Sudhir Sudhakar Jadhav & others .. Respondents Mr. S. V. Hange, AGP for the State.

Mr. P. D. Bachate, Advocate for respondents No. 1 & 3. CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1.

Appeal be registered.

2.

Stand over to 8th February, 2024, for admission. ( R. M. JOSHI) Judge dyb