Citation : 2022 Latest Caselaw 11814 Bom
Judgement Date : 18 November, 2022
-1-
ca15374.22.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 15374 OF 2022 IN
FIRST APPEAL (ST.) NO. 23260 OF 2022
The State of Maharashtra Applicant
Versus
Suryakant Limbaji Daigude Respondent
WITH
CIVIL APPLICATION NO. 15377 OF 2022 IN
FIRST APPEAL (ST.) NO. 22695 OF 2022
The State of Maharashtra Applicant
Versus
Prabhu Madhu Jagtap Respondent
WITH
CIVIL APPLICATION NO. 15379 OF 2022 IN
FIRST APPEAL ST. NO. 22691 OF 2022
The State of Maharashtra Applicant
Versus
Shaikh Nasir Fattemohamd Respondent
WITH
CIVIL APPLICATION NO. 15381 OF 2022 IN
FIRST APPEAL ST.NO. 22684 OF 2022
The State of Maharashtra Applicant
Versus
Shaikh Habib Fattemohamd Respondent
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ca15374.22.odt
WITH
CIVIL APPLICATION NO. 15383 OF 2022 IN
FIRST APPEAL ST. NO. 23089 OF 2022
The State of Maharashtra Applicant
Versus
Kashinath Ganipati Madnure Respondent
WITH
CIVIL APPLICATION NO. 15386 OF 2022 IN
FIRST APPEAL ST. NO. 22700 OF 2022
The State of Maharashtra Applicant
Versus
Sau. Padminbai w/o Dattoba Dhaigude Respondent
Mr. A. M. Phule, APP for the applicant/State.
Mr. G. K. Sontakke, Advocate for the respondents.
CORAM : R. G. AVACHAT &
R. M. JOSHI, JJ.
DATE :18th NOVEMBER, 2022. PER COURT :
1. Issue notice to respondents. Learned counsel
Mr. Sontakke waives service of notice on behalf of the respondents.
By consent of both sides, applications are heard.
2. Learned APP submits that the delay caused in preferring
appeals against the impugned judgment is on account of procedural
ca15374.22.odt
lapses and not deliberate one. He also drew attention of this Court to
the appeals fled and admitted before this Court arising out of the
same award. Thus, according to him, for this reason also, delay
caused in preferring the appeals deserves to be condoned.
3. Learned advocate for respondents opposed the said
contention stating the amount of delay.
4. There is no dispute about the fact that the other appeals
arising out of the same award are already admitted by this Court.
Perusal of applications for condonation of delay shows that delay is
not deliberate and hence interest of justice requires the same should
be condoned and appeals are heard on merit. In the result,
applications are allowed. Delay caused in preferring appeals stands
condoned. Applications stand disposed of.
( R. M. JOSHI) ( R. G. AVACHAT)
Judge Judge
dyb
ca15374.22.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
FIRST APPEAL (ST.) NO. 23260 OF 2022
The State of Maharashtra Appellant
Versus
Suryakant Limbaji Daigude Respondent
WITH FIRST APPEAL (ST.) NO. 22695 OF 2022
The State of Maharashtra Appellant
Versus
Prabhu Madhu Jagtap Respondent
WITH FIRST APPEAL ST. NO. 22691 OF 2022
The State of Maharashtra Appellant
Versus
Shaikh Nasir Fattemohamd Respondent
WITH FIRST APPEAL ST.NO. 22684 OF 2022
The State of Maharashtra Appellant
Versus
Shaikh Habib Fattemohamd Respondent
WITH
ca15374.22.odt
FIRST APPEAL ST. NO. 23089 OF 2022
The State of Maharashtra Appellant
Versus
Kshinath Ganpati Madnure Respondent
WITH FIRST APPEAL ST. NO. 22700 OF 2022
The State of Maharashtra Appellant
Versus
Sau. Padminbai w/o Dattoba Dhaigude Respondent
Mr. A. M. Phule, APP for the appellant/State. Mr. G. K. Sontakke, Advocate for the respondents.
CORAM : R. G. AVACHAT & R. M. JOSHI, JJ.
DATE :18th NOVEMBER, 2022. PER COURT :
Admit.
Call R & P.
( R. M. JOSHI) ( R. G. AVACHAT)
Judge Judge
dyb
ca15374.22.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 15375 OF 2022 IN FIRST APPEAL (ST.) NO. 23260 OF 2022
The State of Maharashtra Applicant
Versus
Suryakant Limbaji Daigude Respondent WITH CIVIL APPLICATION NO. 15378 OF 2022 IN FIRST APPEAL (ST.) NO. 22695 OF 2022
The State of Maharashtra Applicant
Versus
Prabhu Madhu Jagtap Respondent WITH CIVIL APPLICATION NO. 15380 OF 2022 IN FIRST APPEAL ST. NO. 22691 OF 2022
The State of Maharashtra Applicant
Versus
Shaikh Nasir Fattemohamd Respondent WITH CIVIL APPLICATION NO. 15382 OF 2022 IN FIRST APPEAL ST.NO. 22684 OF 2022
The State of Maharashtra Applicant
Versus
Shaikh Habib Fattemohamd Respondent WITH CIVIL APPLICATION NO. 15385 OF 2022 IN FIRST APPEAL ST.NO. 22689 OF 2022
ca15374.22.odt
The State of Maharashtra Applicant
Versus
kashinth Ganpati Madnure Respondent WITH CIVIL APPLICATION NO. 15387 OF 2022 IN FIRST APPEAL ST. NO. 22700 OF 2022
The State of Maharashtra Applicant
Versus
Sau. Padminbai w/o Dattoba Dhaigude Respondent
Mr. A. M. Phule, APP for the applicant/State. Mr. G. K. Sontakke, Advocate for the respondents.
CORAM : R. G. AVACHAT & R. M. JOSHI, JJ.
DATE :18th NOVEMBER, 2022. PER COURT :
1. Issue notice to respondents returnable on 16th December, 2022. Learned counsel Mr. Sontakke waives service of notice on behalf of the respondents.
2. On depositing entire amount awarded vide the impugned judgment with interest accrued, within a period of 12 weeks from today, ad-interim relief is granted in terms of prayer clause 'B'.
( R. M. JOSHI) ( R. G. AVACHAT)
Judge Judge
dyb
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