Sanjay S/O Vinayakrao Wallabhwar v. The State Of Maharashtra Through Colletor, Wardha And 2 Others

1 / 3 2.caf196.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 196 OF 2024 IN FIRST APPEAL (ST) NO. 25518 OF 2018 Sanjay s/o Vinayak Wallabhwar Vs.

State of Maharashtra, Thru. District Collector, Wardha 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. Sachin W. Sambre, Advocate for applicant. Ms. Mrunal Naik, AGP for non-applicant Nos.1 & 2. Mr. Kuldeep P. Mahalle, Advocate for non-applicant No.3. CORAM : SHYAM C. CHANDAK, J.

DATE : 26.06.2025.

Heard.

2.

The instant application seeking condonation of 89 days delay in filing the aforesaid appeal against the judgment and decree dated 05.05.2018, in L.A.C. No.87/2015, passed by the Court of learned Joint Civil Judge Senior Division, Wardha.

3.

The learned counsel for the applicant submits that the applicant is poor and he could not arrange money for the court fees and other expenses

2 / 3 2.caf196.2024 to file the appeal in time. He submits that very meagre compensation amount has been awarded in this matter, therefore, the delay may be condoned. 4.

The learned AGP for the non-applicant Nos.1 and 2 and learned counsel for non-applicant No.3 have opposed the said application. However, they could not point out any reason to refuse this application.

5.

Considering the submissions made by learned counsel for the applicant and that, the delay is not huge, the application is allowed.

6.

The delay of 89 days in filing the appeal, is condoned.

7.

The application stands disposed of accordingly.

8.

Appeal be registered.

First Appeal (ST) No. 25518/2018 Heard.

2.

Issue notice to the non-applicants, returnable on 11.07.2025.

3 / 3 2.caf196.2024 3.

Ms. Naik, learned AGP waives service of notice on behalf of non-applicant Nos.1 & 2.

4.

Mr. Mahalle, learned counsel waives service of notice on behalf of non-applicant No.3. 5.

Call for record and proceeding.

(SHYAM C. CHANDAK, J.)