931-ca-12785-19(+)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.12785 OF 2019 IN FAST/31253/2019

THE STATE OF MAHARASHTRA AND OTHERS

VS

GANPATI MAROTI GUNDALE

WITH

CA/12787/2019 IN FAST/31394/2019

WITH

CA/12789/2019 IN FAST/31390/2019

WITH

CA/12791/2019 IN FAST/31382/2019

WITH

CA/12793/2019 IN FAST/31386/2019

WITH

CA/12795/2019 IN FAST/31374/2019

WITH

CA/12797/2019 IN FAST/31378/2019

....

Mr. S.N. Morampalle, A.G.P. for Applicants / State

Mr. S.G. Bhalerao, Advocate for Acquiring Body

Mr. G.K. Sontakke, Advocate for the Respondent

….

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 21^st APRIL, 2022

PER COURT:-

1.

These are the applications for condonation of dealy moved

by the applicants / State.

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2.

Heard Mr. Morampalle, learned A.G.P. for the applicants /

State and Mr. G.K. Sontakke, learned counsel for the respondents /

original claimants. Perused the papers. There seems to be delay of

1989 days in preferring the appeals at the hands of the State.

3.

Mr. G.K. Sontakke, learned counsel for the respondents /

claimants strongly opposed to condone the delay having regard to

the volume of delay.

4.

Per contra, Mr. Morampalle, learned A.G.P. for the

applicants / State submits that the delay was not intentional or

deliberate, it occurred due to procedural aspects. He submits that

there are various grounds raised in the appeals.

5.

Having regard to the submissions of the learned counsel for

both the sides and for the reasons stated in the respective

applications in para nos. 2 to 5, the delay needs to be condoned in

the interest of justice.

O R D E R

(i)

The applications for condonation of delay is hereby allowed

in terms of prayer clause (B).

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(ii) The stay granted by this Court dated 08.11.2019 and

extended vide order dated 21.03.2022 is hereby confirmed till

decision of appeals.

(iii) Inform the concerned Court / executing Court accordingly.

(iv) Registry is directed to make scrutiny of the appeals as per

the procedure and those be numbered and place before the Court

for admission.

(v)

The civil applications are accordingly disposed of.

[ SHRIKANT D. KULKARNI ]

JUDGE

S.P. Rane

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