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Bombay High CourtCA/12795/2019delay condonatedrejected

The State Of Maharashtra And ORS v. Ashabai Namdeo Bande

2022-04-21Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12785 OF 2019 IN FAST/31253/2019 THE STATE OF MAHARASHTRA AND OTHERS VS GANPATI MAROTI GUNDALE WITH CA/12787/2019 IN FAST/31394/2019 WITH CA/12789/2019 IN FAST/31390/2019 WITH CA/12791/2019 IN FAST/31382/2019 WITH CA/12793/2019 IN FAST/31386/2019 WITH CA/12795/2019 IN FAST/31374/2019 WITH CA/12797/2019 IN FAST/31378/2019 ....

Mr. S.N. Morampalle, A.G.P. for Applicants / State Mr. S.G. Bhalerao, Advocate for Acquiring Body Mr. G.K. Sontakke, Advocate for the Respondent ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 21st APRIL, 2022 PER COURT:- 1.

These are the applications for condonation of dealy moved by the applicants / State.

2.

Heard Mr. Morampalle, learned A.G.P. for the applicants / State and Mr. G.K. Sontakke, learned counsel for the respondents / original claimants. Perused the papers. There seems to be delay of 1989 days in preferring the appeals at the hands of the State. 3.

Mr. G.K. Sontakke, learned counsel for the respondents / claimants strongly opposed to condone the delay having regard to the volume of delay.

4.

Per contra, Mr. Morampalle, learned A.G.P. for the applicants / State submits that the delay was not intentional or deliberate, it occurred due to procedural aspects. He submits that there are various grounds raised in the appeals. 5.

Having regard to the submissions of the learned counsel for both the sides and for the reasons stated in the respective applications in para nos. 2 to 5, the delay needs to be condoned in the interest of justice.

O R D E R

(i) The applications for condonation of delay is hereby allowed in terms of prayer clause (B).

(ii) The stay granted by this Court dated 08.11.2019 and extended vide order dated 21.03.2022 is hereby confirmed till decision of appeals.

(iii) Inform the concerned Court / executing Court accordingly. (iv) Registry is directed to make scrutiny of the appeals as per the procedure and those be numbered and place before the Court for admission.

(v) The civil applications are accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane