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Bombay High CourtCA/15345/2017admittedallowedgrantedrule absolute

The State Of Maharashtra And ORS v. Namdeo Kashinath Varade And ORS

2018-02-23Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 CA-15345-17.doc

IN THE HIGH COURT OF JUDICATURE AT B0MBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15345 OF 2017 IN FIRST APPEAL (STAMP) NO. 34575 OF 2017 The State of Maharashtra and others .. Applicants vs Namdeo Kashinath Varade and others .. Respondents --- Mr. A. D. Namde, Asstt. Govt. Pleader for applicants Mr. G. K. Kshirsagar, Advocate for respondents CORAM :

SUNIL P. DESHMUKH, J.

DATE : 23rd February, 2018 ORDER:

1.

Heard learned Assistant Government Pleader for applicants and learned counsel for respondents. 2.

Learned Assistant Government Pleader refers to contents of paragraphs no. 2 and 3 of the application and states that delay has been caused in the circumstances referred to in said paragraphs. He submits that delay has been caused in the official movement of the matter from one table to other and one department to another. Applicants have not gained any benefit from the delay caused.

2 CA-15345-17.doc 3.

Learned counsel for respondents purports to resist the application, stating that no credibility be given to submissions and reasons in the application since the contentions of the applicants have not been supported by placing anything on record.

4.

Although learned counsel for respondents submits so, he has not been able to challenge veracity of claims as would be appearing under paragraphs no. 2 and 3 of the civil application. In the circumstances, it would be expedient to grant the application.

5.

Civil application is, accordingly, allowed in terms of prayer clause (B) and is disposed of.

SUNIL P. DESHMUKH JUDGE pnd/-