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Bombay High CourtCA/2854/2021delay condonatedrejected

Sandipan Limba Nangre v. The State Of Maharashtra And ANR

2022-09-26Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2853 OF 2021 IN FIRST APPEAL ST. NO. 1466 OF 2021 WITH Ashruba Shrirang Nangre (Deceased through LRs) & others Applicants

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO. 2854 OF 2021 IN FIRST APPEAL ST. NO. 1472 OF 2021 Mr. V. R. Kalyankar, advocate holding for Mr. S. B. Choudhari, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondent No.1. Mr. M. P. Gude, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE J.

DATE : 26th September, 2022.

PC :

Heard rival submissions.

The respective applicants are seeking condonation of delay of 2635 days in fling the respective First Appeals, which appears to be caused due to their fnancial crisis. The learned Counsel for the Respondent-acquiring body as well as the learned AGP strongly opposed the application

{2} ca2853.21.odt on the ground that the delay is not properly explained. However, considering the statutory right of the applicants, the delay of 2361 days stands condoned subject to the condition that the applicants shall not claim interest on the amount of compensation for the aforesaid period of delay. Appeals be placed for admission after removal of offce objections, if any.

Both the Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb