Balwant Raosaheb Deshpande And ORS v. The State Of Maharashtra And ORS

1 919-CA-10794-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.10794 OF 2021 IN FAST/5422/2020 BALWANT RAOSAHEB DESHPANDE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr K.B. Jadhav AGP for Respondent Nos. 1 and 2 : Mr B.V. Virdhe CORAM : SHRIKANT D. KULKARNI, J.

DATE : 23rd DECEMBER, 2021 PER COURT :

1.

Heard Mr K.B. Jadhav, learned counsel for the applicants and Mr B.V. Virdhe, learned AGP for respondent Nos. 1 and 2/State. 2.

None present for respondent No. 3/acquiring body. The notice is duly served.

3.

It is an application for condonation of delay moved by the applicants/original claimants. There seems to be delay of 140 days in preferring the appeal.

4.

For the reasons stated in the application for condonation of delay, para Nos. 2 to 4 and looking to the small volume of delay, the prayer needs to be allowed. The applicants shall furnish the undertaking

2 919-CA-10794-2021 to the Registrar (Judicial) of this Court and they shall not claim the statutory benefits and interest in respect of the delayed period.

ORDER

(i) The application is hereby allowed in terms of prayer clause (B) on condition that they shall furnish the undertaking to the Registrar (Judicial) of this Court stating that they shall not claim statutory benefits and interest in respect of the delayed period. (ii) After furnishing the undertaking by the applicants with the Registrar (Judicial) of this Court, the appeal be numbered after due scrutiny as per the procedure and it be placed before the Court for admission.

(iii) The Civil Application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta