Laxman Sawaji Shivade v. The State Of Maharashtra, Through Collector, Buldhana And Others

1 21caf2327.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.2327 OF 2024 IN FIRST APPEAL ST. NO.3739 OF 2024 [Laxman Sawaji Shivade .vs. The State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Hariom Dhage, Adv. h/f Mr. S.S. Dalvi, Advocate for Appellant. Ms. H.S. Dhande, AGP for Respondent Nos.1 and 2. Mr. M.A. Kadu, Advocate for Respondent No.3.

..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 18 th NOVEMBER, 2024.

1.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay in preferring a first appeal.

2.

Perused the application.

3.

Heard the learned Advocates for both the sides. 4.

The applicant contended that he is poor agriculturist and could not raise some amount required for purchasing the court fees etc. and, therefore, the delay is caused. 5.

On perusal of the application, it appears that the delay is not deliberately caused, therefore, the application deserves to be allowed in the interest of justice. The application is allowed and disposed of. The delay of 86 days in filing the first appeal is hereby condoned.

2 21caf2327.24.odt First Appeal St. No.3739/2024 1.

Heard.

2.

Issue notice to the respondents.

3.

Learned Assistant Government Pleader waives notice for respondent nos.1 and 2 and Learned advocate waives notice for respondent no.3.

4.

Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) Gulande