This short order allowed an applicant's civil application seeking condonation of an 88-day delay in filing their first appeal, finding sufficient justification in the averments and submissions made.
Condonation of 88 days delay in filing the first appeal allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 ca1594.07
CIVIL APPLICATION NO. 1594 OF 2007
IN
FIRST APPEAL STAMP NO.2048 OF 2007
SAYYAD AHMED HUSSAIN ALI HUSSAIN AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Applicant : Shri.S G Chapalgaonkar
AGP for Respondent State : Shri.V.P.Kadam
...
CORAM : K. K. TATED, J.
Dated: August 26, 2014
...
PER COURT :-
1.HeardShri.S.G.Chapalgaonkar,learned
Counsel for the applicant and Shri.V.P.Kadam,
learned A.G.P. for State. Though the respondents
are served, no one appeared when the matter was
called out.
2.This application is preferred by original
claimant for condonation of 88 days delay in filing
first appeal.
3.Considering the submissions made by the
learned Counsel for the applicant and averments made
in civil application, I satisfy that the applicant
has made out a case for allowing this civil
application.
VSM/-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
2 ca1594.07
4.Civil application is allowed in terms of
prayer clause "B" which reads thus :-
"B. The delay of 88 days, caused in filing the first appeal may kindly be condoned."
accordingly.
ca1594.07
VSM/-
1 issue framed by the court
Whether to condone a delay of 88 days in filing the first appeal.
Sayyed Ahmed Hussain Ali Hussain and Ors
The State of Maharashtra and Ors
K. K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court