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Bombay High CourtCA/7277/2022disposed off

Masna S/O Bhagwanta Surnar (Died) Bhavurao S/O Masnaji Surnar And ORS v. The State Of Maharashtra Thr District Collector, Nanded And ORS

2022-11-25Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca7277.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7277 OF 2022 IN FIRST APPEAL ST. NO. 4403 OF 2022.

Masna s/o Bhagwanta Surnar, died - through legal heirs Applicants

Versus

The State of Maharashtra & others Respondents Ms. Manisha Dalave, advocate holding for Mr. K. M. Nagarkar, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th November, 2022.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of 2722 days which appears to be caused due to their fnancial crisis. The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The acquiring body, though served, but remained absent. However, by considering statutory right of the applicants, delay of 2722 days stands allowed subject to the

{2} ca7277.22.odt condition that the applicants shall not claim any interest for the aforesaid period of delay.

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

(SANDIPKUMAR C. MORE) JUDGE adb