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Bombay High CourtCA/4611/2019disposed offdismissed for default

Shivaji Pandhari Gitte And ORS v. The State Of Maharashtra And ORS

2019-07-19Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1016-ca-4610-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1016 CIVIL APPLICATION NO.4610 OF 2019 IN FAST/37708/2018 CA/4611/2019 IN FAST/37817/2018 BHAGWAN DHARBAJEE GUTTE AN ORS

VERSUS

THE STATE OF MAHARASHTRA AD ORS ...

Advocate for Applicant : Mr. Kendre N.D.

AGP for Respondents/State : Mr. A.M. Phule ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 19th JULY 2019 ORDER :

.

Present applications have been filed by the original claimants for getting the delay of 1643 days condoned in filing the First Appeals. They want to challenge the judgment and award passed by the Reference Court. Learned AGP representing respondent Nos. 1 and 2 is strongly objecting the applications on the ground that the delay is huge and inordinate and has not been properly explained. 2.

Taking into consideration the fact that three applicants are senior citizens, they are agriculturist, coming from rural area and for the reasons mentioned in the application, liberal view is taken and therefore, the delay is hereby condoned.

1016-ca-4610-19.doc 3.

Civil Applications stand allowed and disposed of accordingly.

4.

It is clarified that the applicants are not entitled to get the interest of 1643 days in case of success to their First Appeal. 5.

Registry to verify and register the First Appeals and place it for further consideration on 14.11.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/