Santosh Hikmat Pawar v. The State Of Maharashtra Thr The Collector, Jalna And ORS

2025:BHC-AUG:15274 {1} CA 8747 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 8747 OF 2022 IN FAST/33565/2021 SANTOSH HIKMAT PAWAR

VERSUS

THE STATE OF MAHARASHTRA THR. THE COLLECTOR, JALNA AND ORS ...

Advocate for Applicant : Mr.F.A.Shirpurkar h/f. Mr.K.M.More AGP for Respondent nos.1 & 2 : Mr.S.M.Ganachari ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 18 JUNE, 2025 PER COURT :- 1.

Present application is for condonation of delay of 1606 days caused in filing appeal against judgment and award passed by the learned 4th Joint Civil judge Senior Division, Jalna in L.A.R.No.56 of 2011.

2.

Learned counsel for the applicant pointed out that, reasons for delay are spelt out in paragraph nos.3, 4, 5 and 6 of the application and stated that the delay is not deliberate or intentional. That, there is a good case in appeal and therefore, in the interest of justice and fair opportunity, delay so caused may be condoned.

{2} CA 8747 OF 2022 3.

Inspite of service of notice, none appeared for respondent no.3 on last date. Therefore, on 06-05-2025, it was clarified by this Court that if none appears for respondent no.3 on the next date, the application for condonation of delay would be heard. However, even today, none appeared for respondent no.3. 4.

In view of above, considering the submissions of the learned counsel for the applicant and for the reasons mentioned in paragraph nos. 3, 4, 5 and 6 of the application, and in the interest of justice, delay caused in filing appeal is required to be condoned. Therefore, application is allowed. Delay caused in filing appeal is condoned. Appeal be registered.

5.

On registration of appeal, issue notice to the respondents returnable within six weeks thereafter. Learned AGP waives service of notice on behalf of respondent nos.1 and 2. ( ABHAY S. WAGHWASE ) JUDGE SPT