THE STATE OF MAHARSHTRA AND ANR v. GHUDUBHAI KHAJA HARANMARE DIED HIS LRS JEEBEDA GHUDUBHAI HARANMARE AND ORS
CA/4045/2011 · 2026-04-28
Shri Sanjay A Deshmukh
body2011
DailyLaw.ai
[ 2011 DAILYLAW 1613 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2011 DAILYLAW 1613 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 931 CA.4045.2011.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
931 CIVIL APPLICATION NO. 4045 OF 2011 IN FAST/5471/2011 THE STATE OF MAHARASHTRA AND ANR VERSUS GHUDUBHAI KHAJA HARANMARE DIED HIS LRS JEEBEDA GHUDUBHAI HARANMARE AND ORS ... AGP for Applicant / State : Mr. S. B. Jadhav. Advocate for Respondent Nos.1 to 5 : Mr. Manish P. Tripathi. ... WITH CIVIL APPLICATION NO. 4046 OF 2011 IN FAST/5471/2011 ...
CORAM :
SANJAY A. DESHMUKH, J.
DATE : 28th April, 2026. P.C.: 1 Civil Application No.4045 of 2011 is filed for condonation of delay of 244 days caused in filing the first appeal. 2 Heard the learned counsel for the parties. Perused the application.
3 The learned counsel for the respondents strongly opposed the application and submitted that no sufficient reason is given for condonation of delay, as per Section 5 of the Limitation Act. He, therefore, prayed to reject the application.
2026:BHC-AUG:19117
2 931 CA.4045.2011.odt 4 On perusal of the application, it appears that the proposal alongwith the certified copy of the judgment was sent for sanction and that was received and for that delay was caused. However, in support of the said contention, there is no any documentary evidence of correspondence between the appellant and the State, particularly, the Law and Judiciary Department. This shows that the delay is not sufficiently explained, as contemplated by Section 5 of the Limitation Act. Therefore, the application cannot be allowed. The application deserves to be rejected. Hence, the civil application for condonation of delay caused in filing the appeal is rejected.
5 In view of rejection of the civil application for condonation of delay, the registration of the first appeal is rejected.
6 In view of the above, the application for stay also stands rejected.
[ SANJAY A. DESHMUKH, J. ] nga