The High Court dismissed an application for condonation of an inordinate delay of over 22 years in filing a Special First Appeal. Absence of the appellant and lack of verified cause justified refusal.
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CA 14104/17 in FAST 14453/17 with FAST 14453/17
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.14104/2017 IN FIRST APPEAL (ST) NO.14453/2017 WITH FIRST APPEAL (ST) NO.14453/2017
Babarao Yadavrao More.
...Applicant..
Appellant
Versus
The State of Maharashtra & another.
...Respondents...
.....
None present applicant / appellant.
Shri A.M. Phule, AGP for respondent no.1.
.....
CORAM: M.S. SONAK, J.
DATE: 30.01.2018
ORDER :
1]In this case, the delay in institution of the appeal
is of 22 years and 221 days.
2]On the previous occasion, the arguments were partly
heard. However, today the matter is called out, neither
the applicant / appellant nor his Advocate are present.
3]On perusing the application seeking condonation of
delay, there is really no cause shown for such an
CA 14104/17 in FAST 14453/17 with FAST 14453/17
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inordinate delay of 22 years and 221 days. Even taking a
liberal approach, it is not possible to condone such an
enormous delay. The statements in the application are
unverified. Attempt is made to apportion the blame on
some Advocate. It is not sufficient to handover the
papers to the Advocate and remain under the impression
that the Advocate would have done the needful.
4]Taking into account the magnitude of the delay, the
applicant was also required to pursue the matter and
atleast see whether the same has been filed or not.
5]Taking into consideration all these circumstances,
the application for condonation of delay is dismissed.
As a consequence, the First Appeal (St) No.14453/2017
does not survive and is also disposed of as such.
ndk/ c3011855.doc
2 issues framed by the court
Whether an application for condonation of an inordinate delay of 22 years and 221 days is maintainable?
Whether files handed over to an advocate without following up justify condonation of delay?
1 provisions across 1 enactments
Babarao Yadavrao More
The State of Maharashtra
M.S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court