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Bombay High CourtCAF/780/2021delay condonatedrejected

Ashok Chandulal Jaiswal v. State Of Maharashtra Through Collector, Amravati And Others

2023-03-31Hon'Ble Justice Urmila Joshi Phalke2 pages

22caf780.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 780/2021 IN FIRST APPEAL STAMP NO. 16500/2019 Ashok Chandulal Jaiswal Vs State Of Maharashtra Through Collector, Amravati And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr D.S. Dharaskar, counsel for the appellant. Mr M.A. Kadu, AGP for the respondent Nos. 1 and 2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 31/03/ 3.

1.

Heard.

2.

The present application is for condonation of delay of 209 days which is caused in preferring the appeal. 3.

As per the contention of the appellant, the judgment of the reference Court was delivered on 11/10/2018 and the applicant who was an old age person suffering from Cataracts and Glaucoma. He could not approach the Court to file the appeal and therefore, the delay of 209 days is caused in preferring the appeal.

4.

The said application is opposed by the learned AGP for respondent Nos. 1 and 2 on the ground that the delay is not properly explained.

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22caf780.2021.odt 5.

In view of the reasons mentioned in the application, the application is allowed. The delay of 209 days in preferring the appeal is condoned.

Civil application is disposed of.

First Appeal St. No. 16500/2019 1.

First appeal be registered.

2.

Call for record and proceedings.

3.

Admit 4.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos. 1 and 2.

5.

Appellant to file private paper-book within a period of ten weeks after receipt of the record and proceedings. 6.

Place the matter before the Court after filing of private paper-book and its verification, as per its own turn. JUDGE Signed By:RAJESH K NANDURKAR rkn