Vikas Sudam Mhaske v. The Collector, Buldhana And Others

1 26caf1204.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1204 OF 2022 IN FIRST APPEAL ST. NO.6511 OF 2022 [Vikas Sudam Mhaske .vs. The Collector, Buldhana and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Rathi, Adv. h/f Shri P.B. Patil, Adv. for appellant, Shri M.A. Kadu, AGP for respondent nos.1 and 2. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 08/09/2022 .

In spite of service to respondent no.3, none appears on behalf of respondent no.3.

2.

Heard the learned counsel for the appellant and the learned Assistant Government Pleader for the respondent nos.1 and 2.

3.

Present application is filed by the applicantappellant for condonation of delay in filing the first appeal. There is a delay of 217 days. The delay is caused as applicant is serving in Indian Army and deployed at Assam. It was not possible for him to look after the matter personally and his family members are agriculturists.

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In view thereof, I am satisfied that the delay is caused for bonafide and justified reasons. Though the application is opposed by the learned Assistant Government Pleader for respondent nos.1 and 2, in the interest of justice, I am inclined to allow the application for condonation of delay in filing the first appeal. Accordingly, the delay is hereby condoned. Registry is directed to register the first appeal.

5.

Other similar matters are already admitted.

Hence, this matter be tagged along with First Appeal St. Nos.6521/2022, 6532/2022 and 6534/2022.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur