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Bombay High CourtCA/574/2025admittedallowedgrantedrule absolute

Maulasab Husainsab Died Thr Lrs Mishranbi Maulakhan Pathan v. The State Of Maharashtra Through The District Collector And ORS

2025-04-15Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:11072 162-ca-574-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 574 OF 2025 IN FAST/727/2025 Maulasab Husainsab Died Thr Lrs Mishranbi Maulakhan Pathan

VERSUS

The State Of Maharashtra Through The District Collector And Ors ...

Adv. Tushar Nagarkar h/f Adv. K. M. Nagarkar, Advocate for Applicant Adv. V. S. Badakh, AGP for Respondents-State .....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 15TH APRIL, 2025 PER COURT :- 1.

Heard Mr. Nagarkar, learned Advocate appearing for the applicant.

2.

Applicant seeks to condone the delay of 609 days caused in filing appeal against award passed by Reference Court.

3.

Perused the application and reasons stated therein. The delay appears to be caused on account of financial duress supported by the applicant and also time consumed for collection of amount. Considering the reasons as stated, the

162-ca-574-2025 case is made out to condone the delay. Hence, following order:

ORDER

i.

Civil Application is allowed in terms of prayer clause 'B', subject to condition that applicant shall file an undertaking to the Registrar (Judicial) of this Court within a period of four weeks from today stating that he shall not claim interest and statutory benefit for the period of delay.

ii.

Civil Application is disposed of.

( S. G. CHAPALGAONKAR, J. ) Rushikesh/2025