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Bombay High CourtCA/4478/2015disposed offdismissed for default

Baburao Tukaram Borade Died Through Lrs Rukminbai Baburao Borade And Others v. The State Of Maharashtra And Another

2019-12-16Hon'Ble Shri Justice Mangesh S. Patil1 pages

12CA4478.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO.4478 OF 2015 IN FAST/4968/2015 BABURAO TUKARAM BORADE DIED THROUGH LRS RUKMINBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Applicants : Mr. K.R. Doke.

AGP for Respondent No. 1 : Mr. Y.G. Gujarathi. Advocate for Respondent No. 2 : Mr. S.G. Sangle.

CORAM

: MANGESH S. PATIL, J.

DATE : .16.12.2019 PER COURT :

Heard both the sides.

2.

This is an application filed by the original claimants seeking condonation of delay of 1570 days in filing appeal against the judgment and award passed by the reference Court.

3.

The applicants have lost their land due to acquisition. Their valuable right to have compensation would be prejudiced if their claim is not considered in appeal. They have specifically given reasons about their financial crunch for not preferring appeal in time. 4.

For the reasons mentioned in the application, the delay is condoned subject to the condition that they shall not be entitled to claim any interest for the period of delay.

( MANGESH S. PATIL, J. ) S.P.C.