Gangaram Eragaud Kirsambre (Died) Thr Lrs Balaji And ORS v. The State Of Maharashtra And ORS

2025:BHC-AUG:6301 930 CA 5475-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 5475 OF 2022 IN FIRST APPEAL (ST) NO. 38126 OF 2019 GANGARAM ERAGAUD KIRSAMBRE (DIED) THROUGH L.RS. BALAJI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. Laxmi R. Thakur h/f. Mr. L.C. Patil - Advocate for Applicants Mr. Rajdeep D. Raut - AGP for Respondent Nos.1 and 2, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 05.03.2025 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 1981 days in filing First Appeal, which appears to be caused due to his poor financial condition. The learned Counsel for acquiring body despite appearance remained absent. Learned A.G.P. strongly opposed the application.

3.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is allowed and the delay of 1981 days in this application stands condoned 1/2

930 CA 5475-2022 subject to condition that the applicant shall not claim any interest and statutory benefits for the period of aforesaid delay and also subject to cost of Rs.3,500/- (rupees Three Thousands and Five Hundred only) to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad. 4.

The appeal be placed for admission after removal of office objections, if any.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2