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Bombay High CourtCA/1380/2020disposed off

Pandharinath Fakira Waghchaure (Died) Thr Lrs Walmik And ORS v. The State Of Maharashtra And ORS

2023-06-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

909-CA-1380-2020

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 1380 OF 2020 IN FIRST APPEAL (ST) NO. 31666 OF 2019 PANDHARINATH FAKIRA WAGHCHAURE (DIED) THR LRS WALMIK AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.N. Rodge - Advocate for Applicants Mr. P.M. Kulkarni - AGP for Respondent No.1, State Mr. S.S. Dande - Advocate for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 6th June, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1047 days, which appears to be caused due to their poor financial condition.

3.

The learned A.G.P. as well as learned counsel for the acquiring body strongly opposed the application on the ground that, there is no reasonable cause mentioned for condoning the delay of 1047 days and there is also circulation Pooja K.

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909-CA-1380-2020 delay.

4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 1047 days stands condoned, subject to condition that the applicants shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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