Ramesh Pralhadrao Nirval And ORS v. The State Of Maharashtra Thr Collector, Jalna And ORS

1 924-ca 13391-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13391 OF 2021 IN FAST/31940/2021 Ramesh Pralhadrao Nirval and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Mr. Deepak M. Kakade, Advocate for the Applicants. Mr. S. P. Tiwari, AGP for the Respondents-State. CORAM : ANIL L. PANSARE, J.

DATED : 05th JULY 2022.

PER COURT:- .

The applicants are seeking condonation of delay of 2316 days caused in filing first appeal. The claimants are ready to forego the statutory interest for the period of delay.

2.

In identical matter, the delay has been condoned by this Court vide order dated 07.07.2018 in Civil Application No. 3150 of 2017 in First Appeal Stamp No. 1878 of 2017.

3.

The learned A.G.P. has opposed the application on the ground that the delay is not properly explained.

4.

Since there are no malafides attributed against applicants by the

2 924-ca 13391-2021.odt respondents and though learned AGP would oppose the application, there will be no gain to the applicants in filing belated appeal. It will be, thus, in the interest to justice to condone the delay, more particularly when the applicants have shown willingness to submit an undertaking to forgo statutory interest for the delayed period that has been caused in filing appeal.

5.

In view thereof, application is allowed subject to applicants furnishing an undertaking as aforesaid to this Court within a period of four weeks from today.

6.

Civil application is disposed of.

( ANIL L. PANSARE ) JUDGE P.S.B.