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2004 DAILYLAW 1473 (BOM)

THE STATE OF MAH. v. MEHTABBI BASHIRKHAN PATHAN

CA/11384/2004 · 2026-06-17

Shri Sanjay A Deshmukh

body2004

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ca11384.04 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 11384 OF 2004 IN RC/503/2008 The State of Maharashtra VERSUS Mehtabbi Bashirkhan Pathan ... A.G.P. for Applicant : Mr. B.V. Virdhe ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 17th JUNE, 2026 PER COURT :- 1. The amendment be carried out forthwith. 2. Heard learned A.G.P. for the applicant. This is an application of condonation of delay of 1167 days caused in filing the first appeal. 3. Upon perusal of the application, it appears that the ground raised therein is that time was required to obtain sanction from the Law and Judiciary Department for filing the appeal, and therefore the delay was caused. It is contended that the delay was not deliberate. However, it is evident that, no document has been placed on record to establish that there was any correspondence between the Law and Judiciary Department and the Office of the Government Pleader of 2026:BHC-AUG:23749 ca11384.04 -2- this Court, regarding the filing of the appeal. Thus, no sufficient cause, as contemplated under Section 5 of the Limitation Act, has been shown for condonation of delay. The application, being devoid of merit, deserves to be rejected. Accordingly, the application is rejected. 4. The court fees be refunded as per Rules. (SANJAY A. DESHMUKH, J.) rlj/