Bhagu Kondu Margale Since Dec Thr Lrs And ANR v. Lakshman Kondiba Margale Since Dec Thr Legal Heirs And ORS

22 Wp-13666-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13666 OF 2024 Bhagu Kondu Margale Since deceased Thr. L.Rs. and Another.

...Petitioners.

Versus

Lakshman Kondiba Margale Since deceased Thr. L.Rs. and Others.

...Respondents.

------ Mr. Sujay S. Palshikar for the Petitioner.

Ms. Savita prabhune, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : December 6, 2024.

P. C. :

1.

Office noting indicates that service report of Respondent Nos. 1.1 to 6 and 9 is awaited. The private notice served by the Petitioner shows that the contesting Respondent, namely, the Respondent No. 1.1 has been served.

2.

Today none appears for the Respondents.

3.

Learned counsel appearing for the Petitioner submits that the SDO has condoned the delay of about 30 years in filing the appeal without sufficient explanation. He would further submit that the appeal is listed for hearing on merits and if the ad-interim relief is not granted, the petition will be rendered infructuous. Patil-SR 1 of

22 Wp-13666-2024.doc 4.

Prima facie, on perusal of the order it appears that there is no explanation for condonation of delay of 30 years. 5.

In the light of above, list the petition for further consideration on 7th January 2025. The proceedings before the SDO is stayed till the next date.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 07/12/2024 16:34:31