Sabebrao Tatyarao Wagh And ORS v. Joint Charity Commissioner Aurangabad And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15544 OF 2022 IN FIRST APPEAL ST. NO. 28845 OF 2022 Sahebrao Tatyarao Wagh & others Applicants

Versus

Joint Charity Commissioner, Aurangabad and others Respondents Mr. S. R. Andhale, advocate for the Applicants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. A. D. Khot, advocate for Respondents No. 3 to 14. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09th January, 2023.

PC :

Heard rival submissions.

Learned Counsel Mr. A. D. Khot waives service for Respondents No.3 to 14.

The applicants are seeking condonation of delay of only 121 days which appears to be caused due to persuasion of wrong remedy. Though the learned Counsel for the respondents and the learned AGP strongly opposed the application, but considering the statutory right of the

{2} applicants, delay of 121 stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 28845 OF 2022 Sahebrao Tatyarao Wagh & others Applicants

Versus

Joint Charity Commissioner, Aurangabad and others Respondents Mr. S. R. Andhale, advocate for the Applicants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. A. D. Khot, advocate for Respondents No. 3 to 14. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09th January, 2023.

PC :

The learned AGP waives service for Respondents No.1 and 2, whereas, learned Counsel Mr. A. D. Khot waives service for Respondents No.3 to 14.

Call R. & P.

(SANDIPKUMAR C. MORE) JUDGE adb