Anjanabai Namdeo Burle v. The State Of Maharashtra And Others

2025:BHC-AUG:7263 959-CA-3472-2016.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO. 3472 OF 2016 IN FAST/33210/2015 ANJANABAI NAMDEO BURLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. R. V. Naiknavare, Advocate for the Applicant Ms Chaitali Chaudhari - Kutti, AGP for Respondent Nos. 1 and 2 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 07.03.2025 PER COURT :- 1.

By the present Application, the Applicant prayed for condonation of delay of 1496 days (4 years 3 months), caused while lodging the Appeal challenging the judgment and award dated 28.06.2011 passed by the learned 3rd Joint Civil Judge, Senior Division, Osmanabad in L.A.R. No.323 of 1999. 2.

After going through the contents of the Application, it appears that due to financial crises and for want of legal advise, the delay of 1496 days have been caused to lodge the Appeal.

(( 2 )) 959-CA-3472-2016 Therefore, considering the grounds set out in the Application, I am inclined to grant the present Application. However, the Appellant would not be entitled for the interest component for the delayed period till the date of passing of this order. 3.

In view of above, the Civil Application is allowed. The delay of 1496 days (4 years 3 months) is hereby condoned. However, the Applicant will not be entitled for interest component for the delayed period till today i.e. 07.03.2025.

4.

The office to register the First Appeal and place before the Court on 27.03.2025 for further orders.

[ Y. G. KHOBRAGADE, J. ] SMS