Shri. Mahadev Appa Patil ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 2187 Bom

                                                                    06- FA(ST)-14594-2016.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                   CIVIL APPLICATION NO. 29 OF 2023
                                                  IN
                                FIRST APPEAL (STAMP) NO. 14594 OF 2016

                   Mahadev Appa Patil (deceased) Through
                   L.Rs. Dattatraya Mahadev Patil And Ors.          ...      Applicants/
                                                                           Appellants
                        Versus
                   The State Of Maharashtra and Ors.                ...      Respondents

                                             ALONG WITH
                            FIRST APPEAL (STAMP) NO. 14594 OF 2016
                                                    .....
                   Mr. Anand Shivaji Patil, for the Applicant/Appellant.
                                                    .....

                                            CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 6th MARCH, 2023.

P.C.

This is an application for condonation of delay of 11 days in

filing the First Appeal, challenging the impugned Judgment and Order

dated 5th February, 2016, passed by the Civil Judge, Senior Division,

Gadhinglaj, Kolhapur in Land Reference No. 3 of 2008 and 9 of 2008.

                   2      Heard learned Counsel.



                   3      In short, he submits that due to poor financial condition of the

REKHA              applicant as well as for the reason that when the impugned order was
PRAKASH
PATIL
Digitally signed
by REKHA
PRAKASH PATIL
Date: 2023.03.08
15:38:07 +0530
                       Rekha Patil                                                   1 of 2
                                                     06- FA(ST)-14594-2016.doc

passed harvesting season was going on, some delay had caused in filing

the First Appeal. The reasons given by the learned Counsel for the

delay is satisfactory and bonafide. The delay, therefore, stands

condoned.

4 Application stands disposed of.

5 Registry shall register the Appeal.

6 After registering the Appeal, issue notice to the respondents

returnable on 3rd April, 2023.

7 In addition to the Court's notice, appellant to serve the

respondents with private notice/s and shall file an affidavit of service

to that effect before the next date.

                                  [PRITHVIRAJ K. CHAVAN, J.]




    Rekha Patil                                                      2 of 2