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Bombay High CourtCA/9627/2021delay condonatedrejected

Baliram Dagdoba Gawali (Died) Thr Lrs Uttamrao Baliram Gawali v. The State Of Maharashtra And ORS

2022-06-20Hon'Ble Shri Justice S. G. Dige2 pages

( 1 ) 30 ca 9627.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CIVIL APPLICATION NO.9627 OF 2021 IN FAST/36216/2019 BALIRAM DAGDOBA GAWALI (DIED) THR LRS UTTAMRAO BALIRAM GAWALI

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Koralkar Arun H. AGP for Respondents/State : Mrs. D.S. Jape ...

CORAM : S.G. DIGE, J.

DATE : 20th June, 2022 P.C.:- Heard learned counsel for the applicant and respondent no1. Though respondent no.3 is served with notice but none appears for respondent no.3.

2.

Learned counsel for the applicant submits that in the connected group of matters the delay is condoned by this Court i.e. Civil Application No.5442/2014. Due to weak financial condition, applicant could not prefer appeal within the stipulated period, hence, requested to allow the application. Considering the reasons mentioned in the application as well as in connected matters, this Court has condoned the delay, hence I pass the following order:

( 2 ) 30 ca 9627.21 ORDER:

i) Delay of 2007 days is condoned.

ii) Applicant shall not claim interest for delayed period. iii) Appeal be registered. Call R & P.

iv) Issue notice to the respondents in First Appeal Stamp, returnable on 28.09.2022. Learned AGP waives service for respondent no1. [S.G. DIGE, J.] mub