The State Of Maharashtra And Another v. Dattatrya Uttam Misal And Others

ca6902.14 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6902 OF 2014 IN FAST/34755/2013 WITH CA/6898/2014 IN FAST/34644/2013 WITH CA/6899/2014 IN FAST/34644/2013 WITH CA/6900/2014 IN FAST/34747/2013 WITH CA/6901/2014 IN FAST/34747/2013 WITH CA/6903/2014 IN FAST/34755/2013 WITH CA/6904/2014 IN FAST/34752/2013 WITH CA/6905/2014 IN FAST/34752/2013 WITH CA/9606/2017 IN FAST/34644/2013 WITH CA/9607/2017 IN FAST/34747/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

BHAGWAN YADU KORDE ...

Agp for Applicants : Mr. A.M. Phule Advocate for Respondents : Mr. C.K. Shinde .....

CORAM : V. K. JADHAV, J.

DATED : 20th JULY, 2017 PER COURT:- 1.

Heard both sides.

2.

Learned A.G.P. appearing for the other side has no objection if the applications seeking condonation of delay caused in filing the civil applications for bringing L.Rs. Of deceased applicants on record are allowed in terms of its prayer clauses. In view of the above and for the reasons stated in the said civil applications are allowed in terms of its prayer clauses and disposed of accordingly.

3.

The appellant State to bring on record the L.Rs. by carrying out the suitable amendment in the appeal memo. Amendment be carried

ca6902.14 -2out forthwith.

4.

In so far as civil applications for condonation of delay are concerned, learned A.G.P. submits that due to some administrative difficulties, the appeals could not be preferred within limitation. The delay is not intentional one and the applicant State and acquiring body were prevented from sufficient cause to prefer appeals within limitation. 5.

Learned counsel for the respondents original claimants has strongly resisted the applications on the ground that the delay has not been explained satisfactorily.

6.

In view of the submissions made on behalf of the applicant and for the reasons stated in the civil applications, delay of 513 days caused in filing the appeals is hereby condoned. Civil applications are accordingly disposed of.

7.

In first appeals issue notice to the respondents. Learned counsel waives notice for respondents original claimants. Stand over to 26.07.2017.

( V. K. JADHAV, J.) rlj/