Kushivartabai Limbaji Gadekar (Died) Thr Lrs Eknath And ORS v. The State Of Maharashtra And ORS

(1) 939 CA-11815.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.11815 OF 2019 IN FAST/3227/2019 KUSHIVARTABAI LIMBAJI GADEKAR (DIED) THROUGH LRS EKNATH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. V.P. Patil, Advocate for the applicants.

Mr. P.N. Kutti, A.G.P. for respondent Nos. 1 to 3. Mr. S.B. Deshpande, Advocate for respondent No.4. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

25.08.2022.

ORDER:- 1.

Heard the rival submissions. The applicants - original claimants are seeking condonation of delay of 924 days in fling the frst appeal on the ground of their poor fnancial condition. The learned Counsel appearing for respondent No.4 - Acquiring Body strongly opposed the application. However, in view of the reasons stated in the application and considering the statutory right of the applicants, the application is allowed and the delay of 924 days stands condoned, subject to condition that the applicants shall not claim any interest for the aforesaid period of delay.

(2) 939 CA-11815.2019.odt 2.

The Civil Application accordingly stands disposed of.

3.

The appeal be placed for admission, after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde