Vithal Mahadan Lawate (Died) Thr Lrs Shantabai And ORS v. The State Of Maharashtra And ANR

(1) 938 CA-1824.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.1824 OF 2022 IN FAST/1487/2021 VITHAL MAHADAN LAWATE (DIED) THROUGH LRS SHANTABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. V.V. Ingle, Advocate for the applicants.

Mr. S.R. Yadav-Lonikar, A.G.P. for respondent No.1. Mr. D.S. Manoorkar, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

23.11.2022.

ORDER:- 1.

The learned Counsel Mr. D.S. Manoorkar causes appearance on behalf of respondent No.2 - Acquiring Body. 2.

Heard rival submissions. The applicants are seeking condonation of delay of 1393 days in filing the appeal, which appears to be caused due to their financial crisis. The learned A.G.P. as well as learned Counsel for Acquiring Body strongly opposed the application on the ground that delay is not properly explained.

3.

However, considering the statutory right of the applicants, the application is allowed and the delay of 1393 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid delay period.

(2) 938 CA-1824.2022.odt 4.

The appeal be placed for admission after removal of office objections.

5.

The Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde