The State Of Maharashtra And ORS v. Kashinath Chanayya Swami

(Order) (1) C.As. No. 15185 & 15187

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

907 CIVIL APPLICATION NO.15185 OF 2017 IN FAST/39521/2017 WITH CA/15187/2017 IN FAST/39551/2017 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

KASHINATH CHANAYYA SWAMI .........

AGP Applicants : Mr. S.P. Deshmukh Advocate for Respondents : Mr. R.V. Naiknaware .........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 03RD JULY 2019 ORAL ORDER :

01.

Present civil applications have been filed for getting delay of 932 days condoned. The State intends to challenge the judgment and award passed by the learned 3rd Joint Civil Judge (Senior Division), Osmanabad, in L.A.R. No. 670 of 2013 and L.A.R. No.671 of 2013, dated 27-01-2015. However, it is stated that after obtaining the certified copies, the State had sought legal advice, sanction and permission and then made arrangements for court-fees, etc. which caused delay. It is stated that the said delay is unintentional.

02.

Learned Advocate appearing for the

(Order) (2) C.As. No. 15185 & 15187 respondents is strongly opposing the applications on the ground that each and every day's delay has not been properly explained.

03.

Taking into consideration the fact that some immediate actions have been taken by the State to obtain certified copies and then seek permission / guidance and those steps can be said to be a genuine effort. However, since the State was required to go through those administrative steps, the delay has been caused and, therefore, liberal approach is required to be taken.

04.

Though it appears that this Court has passed an order on stay application on 18th December 2017, that the stay is granted conditionally subject to deposit of entire amount of compensation within 12 weeks, the said amount has not been deposited, yet. No doubt, respondents have right to go ahead with the execution of the judgment and award, yet, learned Assistant Government Pleader is making statement that the communication has been made to make available the funds and it would be deposited within a period of four weeks.

Taking into consideration this statement, no need to pass any further order as regards stay to the judgment and decree. But then, it is expected that the State will make available those funds and deposit the said amount in this Court within the aforesaid period.

(Order) (3) C.As. No. 15185 & 15187 05.

Hence, reasonable ground has been made to condone the delay. The applications are, therefore, allowed and disposed of by condoning the said delay. Registry to verify and register the first appeals and place them for consideration on 18th December 2019. ( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA15185.17