The State Of Maharashtra vs Durgabai P. Aglawe
2022 Latest Caselaw 611 Bom

                                                                             (3)CAF-3691-2015.doc


       rkmore


         Digitally
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by

                                           CIVIL APPELLATE JURISDICTION
         RAJSHREE
RAJSHREE KISHOR
KISHOR   MORE
MORE     Date:
         2022.01.19
         17:25:53
         +0530                           CIVIL APPLICATION NO.3691 OF 2015
                                                            IN
                                   FIRST APPEAL (STAMP) NO.7255 OF 2011


                      The State of Maharashtra & Ors.                ]..   Applicants
                                   vs.
                      Durgabai Prabhu Aglawe & Ors.                  ]..   Respondents


                      Mr.A.R. Patil, AGP for Applicants-State.
                      Mr.S.T. Bhosale, for Respondent Nos.1, 2A to 2C and 3.


                                                CORAM : N.R.BORKAR, J.

                                                DATE    :        18TH JANUARY 2022


                      P.C.

                      1]     This application is filed by the State for condonation of delay of

176 days in filing the First Appeal against the Judgment and Award dated 01.04.2010 passed by the learned Civil Judge, Senior Division, Barshi, District-Solapur in LAR No.649/2002.

2] I have heard the learned AGP for the applicants-State and learned counsel for respondents and perused the averments made in the application.

3] Admittedly the award of reference Court impugned in the First Appeal is dated 01.04.2010. The amount of enhancement appears to

(3)CAF-3691-2015.doc

be only Rs.53,287/-. Considering the meager amount of enhancement, I am not inclined to condone the delay after 11 years. Accordingly, following order is passed :

i] Civil Application for condonation of delay is dismissed. ii] Needless to mention that I have not examined the impugned Judgment and award on merit and therefore any observations in this order shall not be construed to mean that I have upheld the impugned Judgment and award on merit.

[N.R.BORKAR, J]