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Bombay High CourtCA/1771/2013admittedallowedgrantedrule absolute

The State Of Mah v. Babu Ranba Shinde, Died Thr. L.Rs. Rukminibai And ORS

2015-01-28Hon'Ble Shri Justice M.T. Joshi2 pages

CA-1766-2013+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1766 OF 2013 IN FIRST APPEAL (ST.) NO. 32769 OF 2012 The State of Maharashtra .. Applicant

VERSUS

Kalpana Hiragappa Nagoba died through Lrs. and others .. Respondents WITH CIVIL APPLICATION NO.1767 OF 2013 IN FAST NO.32769 OF 2012 CIVIL APPLICATION NO.1770 OF 2013 IN FAST NO.32766 OF 2012 CIVIL APPLICATION NO.1771 OF 2013 IN FAST NO.32766 OF 2012 AND CIVIL APPLICATION NO.2094 OF 2011 IN FA NO.1341 OF 2013 CIVIL APPLICATION NO.2092 OF 2011 IN FA NO.1342 OF 2013 CIVIL APPLICATION NO.5163 OF 2011 IN FAST NO.5950 OF 2011 CIVIL APPLICATION NO.5164 OF 2011 IN FAST NO.5950 OF 2011 ---- Mr. S.G. Sangle, AGP for the applicant/State in all CAs Mr. V.V. Ingale, Advocate for the respondent nos.2,3,4 (CA NOS. 1766, 1767, 1770 and 1771 OF 2013) Mr. L.C. Patil, Advocate for respondent nos.1 and 2 (CA/2094/2011, CA/5163/2011 and CA/5164/2011) Mr. S.P. Urgunde, Advocate for respondent nos. 1 to 5 (CA/2092/2011) ---- CORAM : M.T. JOSHI, J.

DATE : 28/01/2015 ORAL ORDER :

1.

Heard both sides.

2.

Delay of 739 days, 825 days and 339 days respectively, is sought to be condoned in the appeals

CA-1766-2013+ proposed to be filed by the State. According to the learned A.G.P. since time is taken for sending certified copy, preparing different chart and receiving the communication from the Law and Judiciary Department, the delay has occurred.

3.

In my view, the delay is sufficiently explained. The applications seeking condonation of delay are therefore allowed without any order as to costs.

4.

Stay to the execution of the awards is hereby granted in each of the cases, upon deposit of the entire amount under the respective awards together with up-todate interest in this Court within a period of 12 weeks from the date of this order.

5.

All Civil Applications accordingly stand disposed.

6.

All the present matters be kept together.

[M.T. JOSHI] JUDGE arp/