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Bombay High CourtCA/2527/2012dismissedrule discharged

Basling Kallappa Mathpati And ORS v. The State Of Maharashtra And ANR

2015-02-04Hon'Ble Shri Justice M.T. Joshi2 pages

CA-2527-2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2527 OF 2012 IN FIRST APPEAL (ST.) NO. 33869 OF 2011 Basling Kallappa Mathpati and others .. Applicants

VERSUS

The State of Maharashtra and anr.

.. Respondents ---- Mr. H.B. Nandagavale, Advocate i/b. Mr. V.G. Sakolkar, Advocate for the applicants Mr. S.G. Sangle, AGP for the respondent/State ---- CORAM : M.T. JOSHI, J.

DATE : 04/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

It is an admitted fact that the present appellants-applicants have contested the first appeal filed by the State and after dismissal of the said first appeal, they thought it fit to file the present appeal and therefore the delay of 1285 days is caused. 3.

No sufficient reason therefore can be said to have been made out, as the present applicants have very well contested the earlier appeal filed by the State.

CA-2527-2012 4.

The application is therefore dismissed.

5.

Court fees refund, as per rules, is permitted. [M.T. JOSHI] JUDGE arp/