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Bombay High CourtCA/9964/2022disposed off

Neela Chapla Rathod (Died) Thr Lrs Vimalbai And ANR v. The State Of Maharashtra And ANR

2023-06-12Hon'Ble Shri Justice Sandipkumar C. More1 pages

1 48 ca 9964-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 CIVIL APPLICATION NO.9964 OF 2022 IN FAST/5713/2021 NEELA CHAPLA RATHOD (DIED) THR LRS VIMALBAI AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. D. R. Jayabhar AGP for Respondent No.1: Mr. A. B. Chate ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 12/06/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1689 days, which appears to be caused due to their poor fnancial condition. 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.

3.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 1689 days in this application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

4.

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

5.

The application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-