Sheshrao Sahebrao Nirval (Died) Thr Gayabai And ORS v. The State Of Maharashtra And ORS

1 917-ca 3464-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3464 OF 2018 IN FAST/37470/2017 Sheshrao Sahebrao Nirval (died) Through LR's Gayabai Sheshrao Nirval and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Mr. Deepak M. Kakade, Advocate for the Applicants. Mr. S. R. Yadav-Lonikar, AGP for the Respondents-State. CORAM : ANIL L. PANSARE, J.

DATED : 05th JULY 2022.

PER COURT:- .

The applicants are seeking condonation of delay of 906 days caused in filing first appeal. The claimants are ready to forego the statutory interest for the period of delay.

2.

The learned A.G.P. has opposed the application on the ground that the delay is not properly explained.

3.

Since there are no malafides attributed against applicants by the respondents and though learned AGP would oppose the application, there will be no gain to the applicants in filing belated appeal. It will

2 917-ca 3464-2018.odt be, thus, in the interest to justice to condone the delay, more particularly when the applicants have shown willingness to submit an undertaking to forgo statutory interest for the delayed period that has been caused in filing appeal.

4.

In view thereof, application is allowed subject to applicants furnishing an undertaking as aforesaid to this Court within a period of four weeks from today.

5.

Civil application is disposed of.

( ANIL L. PANSARE ) JUDGE P.S.B.