Babasaheb Apparao Jadhavar v. The State Of Maharashtra And ORS

{1} CA 13528 OF 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.13528 OF 2018 IN FAST/31319/2018 WITH CA/13529/2018 IN FAST/31319/2018 BABASAHEB APPARAO JADHAVAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Shri R.K. Jadhavar AGP for Respondents - State : Shri S.J.Salgare ...

CORAM : P.R.BORA, J.

DATE: 25th January, 2019 PER COURT:- Heard Shri R.K.Jadhavar, learned Counsel for the applicant and Shri S.J.Salgare, learned AGP appearing for the respondent State.

Delay of 3135 days has occurred in filing the present appeal by the applicant. It is the contention of the applicant that since the Counsel appointed by him expired and there was no communication about progress in the matter, he could not filed the appeal within the stipulated period. The learned Counsel, in the circumstances, has prayed for condoning the delay.

{2} CA 13528 OF 2018 Shri S.J.Salgare, learned AGP has opposed for condoning the delay stating that the Reference Application was conducted by the present applicant in person and he had knowledge of disposal of the said matter. The learned AGP further pointed out that Reference Application was filed in the year 1991 and it remained undecided only because of inaction on part of the claimant. He further pointed out that the reasons as are assigned in justification of the delay are insufÏcient, hence, he prayed for rejecting the application. I have carefully perused contents of application. The delay has not at all been satisfactorily explained. The reasons as are assigned for condoning the delay does not appear to be genuine. The applicant did appear in person in the Reference Application as is revealed from the copy of the Judgment. Thus, the applicant is having knowledge of the decision of the Reference Court dated 11.12.2009. Inspite of that, no steps were taken by him to file the appeal for long period of eight and half years.

Having regard to the fact that the original application

{3} CA 13528 OF 2018 was filed in the year 1991, there seems no propriety now in entertaining the present application after 27 years. In the result, the following order is passed:-

ORDER

I) Civil Application No.13528 of 2018 stands dismissed. Consequently, First Appeal on Stamp No.31319 of 2018 is also dismissed.

II) Pending Civil Application stands disposed of.

(P.R.BORA) JUDGE SPT