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Bombay High CourtCAF/1205/2022delay condonatedrejected

Rameshwar Shriram Gadhave v. The Collector, Buldhana And Others

2022-09-30Hon'Ble Shri Justice Abhay Ahuja2 pages

1 / 2 923.caf1205.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1205 OF 2022 IN FIRST APPEAL (ST) NO. 6521 OF 2022 Rameshwar Shriram Gadhave Vs.

The Collector, Buldhana and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. P.B. Patil, Advocate for appellant.

Mr. M.A. Kadu, AGP for respondent Nos.1 & 2.

CORAM :

ABHAY AHUJA, J.

DATE :

30.09.2022.

This is an application seeking condonation of delay of 217 days in preferring an appeal against judgment and award dated 26.06.2019, passed by the Civil Judge Senior Division, Mehkar, Dist. Buldhana, in LAC No.60/2019.

2.

Mr. Patil, learned counsel for the appellant has drawn attention of this Court to paragraphs 3 to 8 of the application in support of his contention.

3.

Mr. Kadu, learned AGP for respondent Nos.1 and 2, has no particular objection, if the delay Prity

2 / 2 923.caf1205.2022 is condoned. The respondent No.3 though served is not represented.

4.

Having heard the learned counsel for the appellant and having perused the application, which states that against the impugned order dated 26.06.2019, in view of the financial condition of the appellant, the appeal could not be filed. The applicant had applied for certified copies on 16.10.2019, which was received on 13.11.2019, the period of 90 days is expired on 24.09.2019 and thereafter, there was Covid Pandemic situation in March, 2020, this Court is of the view that there is sufficient cause for condonation of delay of 217 days in preferring the appeal.

5.

Let the delay be condoned. Registry to register the first appeal within a period of two weeks.

First Appeal (St) No.6521/2022 Let a copies of the memo of appeal along with complete annexures be served upon the respondents by the next date.

2.

List the matter on 14.10.2022.

JUDGE Signed By:PRITY S GABHANE Reason:

Location:

Prity