Court dismissed no reply and granted the petition for condonation of a 507-day delay in filing an appeal, accepting grounds of poverty and illiteracy, and ordering the Civil Application disposed accordingly.
Condonation of delay of 507 days in filing the present appeal.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 3577 OF 2008 IN FIRST APPEAL (STAMP) NO. 14484 OF 2008
Kisan balu Keni and others
).. Petitioners
Versus
The State of Maharashtra
).. Respondent
Mr S S Punde for the Petitioners. Mr A R Patil, Assistant Government Pleader, for the Respondent.
CORAM : SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J. DATED: 20TH AUGUST 2008 .
P.C.
This is a Civil Application praying for condonation of delay of 507 days in filing the present Appeal. The two reasons given for this prayer is that there were no funds available with the Claimants as they are poor agriculturists and secondly that they were not aware of the period of limitation being illiterate. Despite their best effort they could not file Appeal within time, but once they received the compensation in furtherance to the Award of the Reference Court on 5th May 2008, they have arranged for the payment of Court Fees and filed the present Appeal.
CHIEF JUSTICE
A. P. DESHPANDE, J.
2 issues framed by the court
Whether 507 days' delay in filing the appeal can be condoned on grounds of poverty and illiteracy.
Whether sufficient cause exists to allow the appeal despite the lapse of limitation period.
Kisan balu Keni and others
The State of Maharashtra
SWATANTER KUMAR
A. P. DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
