Mansabai Tavba Pawar v. The State Of Maharashtra Through L.A.O., Buldhana And Another

caf 321.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 321 OF 2019 in FIRST APPEAL (ST.) NO. 11311 OF 2018 [Mansabai Tavba Pawar Vs. The State of Maharashtra and anr.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri N. M. Kolhe, Advocate for the applicant Shri H. D. Dubey, AGP for respondent no. 1.

CORAM : M. G. GIRATKAR, J.

DATE : 19/06/2019 Heard learned Advocate Shri Kolhe for the applicant. He has submitted that Advocate for the applicant who was appeared in L.A.C. No. 07 of 2012 before Civil Judge (Senior Division), Khamgaon not informed the applicant about the judgment dated 06.05.2014. He has also submitted that appeal could not be filed due to financial difficulties. Therefore, there is delay of 1368 days.

Learned Advocate Shri Kolhe submits that applicant waives the interest of delayed period.

Learned AGP Shri Dubey for respondent no. 1 strongly objected the application.

None appears for respondent no. 2.

Looking to the grounds mentioned in the application, the application is allowed. The delay is

caf 321.2019.odt condoned, subject to waiving of interest of delayed period of 1368 days. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

Issue notice to the respondents.

Shri H. D. Dubey, learned AGP waives notice on behalf of respondent no 1.

Issue notice to respondent no. 2 returnable on 17.07.2019.

JUDGE SMGate