The State Of Maharashtra vs Shivram Mohan Waghmare ...
2022 Latest Caselaw 2009 Bom

                                                                      1-CAF-3051-2008.DOC




                      Sonali



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                    CIVIL APPLICATION NO.3051 OF 2008
                                                       IN
                                      REJECTED CASE NO.1461 OF 2005


                      The State of Maharashtra                   ...Applicant
                            Versus
                      Shivram Mohan Waghmare (Deceased) ...Respondents
                      through legal heirs 1a.Shri Sushil Shivram
                      Waghmare & Ors


                      Mr. A. R. Patil, Addl. GP, for the Applicant.
                      None for the Respondents.


                                            CORAM       Madhav J. Jamdar, JJ.

                                            DATED:      26th February 2022
                      PC:-

1. Heard Mr. A. R. Patil, Additional GP for the Applicant- Digitally signed by State.

         SONALI
SONALI   MILIND
MILIND   PATIL
PATIL    Date:
         2022.02.28

2. Mr. Patil submitted that in the Civil Application 11:37:14 +0530

sufficient explanation is given for the condonation of delay and therefore, the Application be allowed. He submitted that although the Respondents are served, however none appears

26th February 2022 1-CAF-3051-2008.DOC

for the Respondents and therefore, the contentions raised in the Civil Application have remained uncontroverted.

3. However, it is to be noted that the First Appeal is filed challenging the judgment and award dated 28th February 1994 passed by the 2nd Joint Civil Judge, Sangli. The First Appeal is filed on 15th June 2004. Thus, delay is of more than 10 years. Although there is explanation given for certain period still it is sufficient to note that on 2nd December 1996, the resolution was passed by the Law and Judiciary Department, Mantralaya, resolving to file Appeal and Appeal has been filed in 2004, i.e. almost 8 years after the decision was taken to file Appeal.

4. There is no sufficient explanation in the Civil Application. Civil Application is dismissed with no order as to costs.

(Madhav J. Jamdar, J)

26th February 2022