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Bombay High CourtCA/4775/2021delay condonatedrejected

Asaram Baburao Nirval (Died) Thr Lrs Kushvartabai And ORS v. The State Of Maharashtra And ORS

2021-12-01Hon'Ble Shri Justice R. G. Avachat2 pages

942-ca-4775-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4775 OF 2021 IN FIRST APPEAL STAMP NO. 37468 OF 2017 Asaram Baburao Nivral (died) Through Lrs.

1) Kushvartabai Asaram Nivral and others ... Applicants

Versus

The State of Maharashtra and others ... Respondents ....

Mr. D. M. Kakade, Advocate for applicants Mr. A. B. Chate, AGP for respondent Nos.1 and2 Mr. Shyam C. Arora, Advocate for respondent No.3 ....

CORAM : R. G. AVACHAT, J.

DATED : 01st DECEMBER, 2021 PER COURT :- .

Heard.

2.

For the reasons given in the application, the same is allowed in terms of prayer clause (A), provided that the applicants shall not be entitled for interest for the delayed period of 377 days. 3.

Appeal be registered.

4.

On registration of appeal, issue notice to the respondents, returnable on 16th February, 2022.

(( 2 )) 942-ca-4775-2021 5.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2 and Shri S. C. Arora, learned Advocate waives service of notice on behalf of respondent No.3. 6.

Call record and proceedings.

[ R. G. AVACHAT, J. ] SMS