The State Of Maharashtra (Through ... vs Shri. Balaram Aalu Patil ...
2021 Latest Caselaw 13384 Bom

                                                     1          38-CAF 860-17 in FAST 1197-16.odt


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                     CIVIL APPLICATION NO.860 OF 2017
                                                    IN
                                     FIRST APPEAL (ST) NO.1197 OF 2016

                      The State of Maharashtra                        ... Applicant
                            Vs.
                      Balaram Aalu Patil (Deceased)
                      Thr. his LRs Smt. Gangabai Balaram Patil & Ors. ... Respondents
                                                      -----

Mrs.P.P. Shinde, AGP for applicant-State. Mr. Ashutosh Hasija h/f Mr.S.S. Punde for respondents No.1/1 to 1/4.

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CORAM: ABHAY AHUJA J.

DATE : 18TH SEPTEMBER, 2021 P.C.:

1. Heard.

2. By this application, the State of Maharashtra as

applicant is seeking condonation of delay of 241 days in fling appeal

against judgment and award dated 9th September, 2014 passed by

the Learned Civil Judge, Senior Division, Panvel, District Raigad in

L.A.R. No.51 of 2002.

3. Learned AGP for the State draws attention of this Court MUGDHA M PARANJAPE Digitally signed by to paragraph 4 of the application to explain the delay. The said MUGDHA M PARANJAPE Date: 2021.09.21 12:21:14 +0530

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paragraph of the application is quoted as under :-

"4. The Applicant further says that there was delay has been caused because the Law and Judiciary Department, Mantralaya, Mumbai took some time to scrutinize the proposal for passing resolution and thereafter, issuing sanction to prefer an appeal in this Hon'ble High Court as the said offce is required to examine large number of matters before giving opinion. The Applicant says that certifed copy of impugned Judgment and Award dated 09.09.2014 was received in the Offce of the Government Pleader, High Court, Mumbai on 04.09.2015 after expiry of limitation period. Thereafter, the work of drafting was entrusted to one of the Law Offcer, who in turn after due scrutiny drafted the Memo of Appeal. After getting adequate number of copies typed of the impugned Judgment and Award passed by the Reference Court and adequate number of copies of the Memo of Appeal, the Offce of the Government Pleader, High Court (A.S.), Mumbai fled the said First Appeal in this Hon'ble Court, Mumbai. In the process stated hereinabove, the delay has been caused in fling the said First Appeal in this Hon'ble High Court."

4. Learned AGP submits that it is in view of the reasons

stated therein that the delay of 241 days has been caused in fling

the appeal.

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5. Learned counsel for respondents submits that he has no

particular objection if the delay is condoned.

6. Heard learned counsel for the parties and with their able

assistance perused the application.

7. This court is inclined to allow this application and

condone the delay of 241 days in fling the appeal. The said delay is

accordingly condoned.

8. Civil Application is disposed of.

9. List the appeal for admission alognwith stay application

on 12/10/2021.

                                                 (ABHAY AHUJA, J.)




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