Mahebub Shah Abdul Shah Died Thr Lrs Apsanabi M Shah And ORS v. The State Of Maharashtra Through The Collector Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 CIVIL APPLICATION NO.3624 OF 2023 IN FAST/217/2023 MAHEBUB SHAH ABDUL SHAH DIED THR LRS APSANABI M SHAH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Hemraj P. Kshirsagar AGP for Respondent - State : Mr. K. B. Jadhavar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 30.08.2023 PER COURT :

1.

This application is for condonation of delay of 284 days in filing the First Appeal.

2.

Heard learned counsel for the parties.

3.

The learned counsel for the applicants submits that the delay

(284) is caused on account of land compulsorily acquired by the Government and their only source of income was from the land which was acquired. The amount accorded by the Reference Court is meager and that they would suffer an irreparable loss. He further submits that applicants are poor labourers and they have no source of income. They have also faced prevalent pandemic situation at the

point of time after the decision of the Reference Court, and they have obtained money from their friends and relatives. 4.

Learned AGP for respondents-State opposes the application. Respondent Nos. 2 and 3 although served, but remained absent. 5.

For the reasons stated in the application, Civil Application is allowed. The delay of (284) days in filing the First Appeal is condoned. Application is disposed off accordingly. 6.

Appeal be registered after removal of office objections. ( ARUN R. PEDNEKER ) JUDGE .....

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