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Bombay High CourtCA/4820/2023delay condonatedrejected

Abdul M. Shaikh Died Thr Lrs Wahedabi Abdul Shaikh And ORS v. The State Of Maharashtra Through The Collector Latur And ORS

2023-07-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} 948-ca482023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4820 OF 2023 IN FIRST APPEAL ST. NO. 5748 OF 2023 AND CIVIL APPLICATION NO. 4824 OF 2023 IN FIRST APPEAL ST. NO. 5607 OF 2023 WITH CIVIL APPLICATION NO. 4825 OF 2023 IN FIRST APPEAL ST. NO. 5742 OF 2023 WITH CIVIL APPLICATION NO. 4826 OF 2023 IN FIRST APPEAL ST. NO. 5745 OF 2023 AND CIVIL APPLICATION NO. 4827 OF 2023 IN FIRST APPEAL ST. NO. 8559 OF 2023 WITH CIVIL APPLICATION NO. 4828 OF 2023 IN FIRST APPEAL ST. NO. 8562 OF 2023 WITH CIVIL APPLICATION NO. 4830 OF 2023 IN FIRST APPEAL ST. NO. 8564 OF 2023 WITH CIVIL APPLICATION NO. 4831 OF 2023 IN FIRST APPEAL ST. NO. 8567 OF 2023 WITH CIVIL APPLICATION NO. 4832 OF 2023 IN FIRST APPEAL ST. NO. 8569 OF 2023 Mr. H. B. Nandagavale, advocate for the Applicants Mr. S. N. Kendre, Mr. B. V. Virdhe and Mr. S. P. Tiwari, AGPs for Respondents No.1 & 2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th July, 2023.

PC :

{2} 948-ca482023.odt Heard rival submissions.

The applicants-claimants, are seeking condonation of delay periods mentioned in all these applications, which appear to be caused due to their fnancial crisis. The learned AGPs strongly opposed the applications on the ground that the delay is not properly explained. The acquiring body, despite service, remained absent.

However, considering the statutory right of the applicants, the delay periods mentioned in all these applications stand condoned subject to the condition that the applicants shall not claim any interest for the aforesaid periods of delay.

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

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb