Allowed

Pandhari Hari Mang Died Thr Lrs Chandrakant and Others v. the State of Maharashtra and Others

Bombay HC18 Apr 2017CA/8777/2016

Case brief

AI extract

What is this about?

This Order condons a delay in filing appeals by the applicants, attributing it to financial constraints and drought conditions. However, the court ruled that applicants forfeit entitlement to interest and statutory benefits for the delayed period.

What did the court decide?

Delay in filing appeals condoned conditional on forfeiture of interest and statutory benefits for the period of delay.

Pandhari Hari Mang Died Thr Lrs Chandrakant… — Civil Procedure and Limitation | Bombay HC (2017)

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383 ca8777.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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383 CIVIL APPLICATION NO. 8777 OF 2016

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IN FAST/1059/2016

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PANDHARI HARI MANG DIED THR LRS CHANDRAKANT AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Applicants : Mr. Kale Ajeet B. AGP for Respondent No.1 and 2: Mr. A.M. Phule Advocate for Respondent No.3 : Mrs. Vaishali Jadhav

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CORAM : V. K. JADHAV, J. DATED : 18^th APRIL, 2017

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PER COURT :-

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Notice to the respondents. Learned A.G.P. and learned counsel

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for acquiring body waive notice for the respective respondents.

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On perusal of contents of application/s, it appears that the applicant/s is/are prevented from certain cause/s such as, financial constraints, drought situation etc. to prefer appeal/s within limitation. However, the inaction and/or negligence on the part of the applicant/s, to some extent, is responsible for causing such inordinate delay. Learned A.G.P. for the respondent-State/authority and the learned counsel for the acquiring body strongly resisted the application/s on the ground that the delay has not been explained satisfactorily. In the alternate, learned counsel submit that delay may be condoned on the condition that if the applicant/s succeed/s in the appeal/s, the applicant/s shall not be entitled for the amount of interest and/or other

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383 ca8777.16

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statutory benefits of the period for which delay sought to be condoned.

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In view of above and in the light of observations made by the Supreme Court in para 14 of the judgment, in the case of Ramanlal Deochand Shah vs. State of Maharashtra and another, reported in AIR 2013 SC 3452 , civil application/s for condonation of delay is/are allowed. Delay in filing the appeal/s is hereby condoned on the condition that the applicant/s shall not be entitled for the amount of interest and/or other statutory benefits of the period for which delay sought to be condoned.

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Civil application/s for condonation of delay is/are accordingly disposed of.

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In first appeal/s, issue notice to the respondents, returnable on 20.04.2017.

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Learned A.G.P. for respondent State/authority and learned counsel for acquiring body waive notice for respective respondents.

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( V. K. JADHAV, J.)

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rlj/

Pandhari Hari Mang Died Thr Lrs Chandrakant and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Pandhari Hari Mang Died Thr Lrs Chandrakant and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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