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Bombay High CourtCA/5765/2025admittedallowedgrantedrule absolute

Arjun Ramrao Kundgir Died Thr Lrs Somitrabai Arjun Kundgir And ORS v. The State Of Maharashtra Through Its Collector Parbhani And ORS

2025-09-11Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:24667 967-ca-5765-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5765 OF 2025 IN FAST/6216/2025 Arjun Ramrao Kundgir Died Thr Lrs Somitrabai Arjun Kundgir And Ors

VERSUS

The State Of Maharashtra Through Its Collector Parbhani And Ors ...

Mr. M. P. Kale, Advocate for Applicants Mr. S. S. Dande, AGP for Respondents-State .....

CORAM : AJIT B. KADETHANKAR.

DATED : 11TH SEPTEMBER, 2025 ORDER :- .

First Appeal is filed by the claimant seeking enhancement in the award amount granted by the learned Civil Judge, Senior Division, Gangakhed, Dist. Parbhani vide its judgment and award dated 25.10.2024 in Land Acquisition Reference No.16 of 2016.

2.

Mr. M. P. Kale would submit that there is small delay of 16 days caused in filing the First Appeal. He further submits that due to the weak financial condition of the applicants, they could not arrange the monetary funds for filing the appeals and as such, the delay is resulted. He would submit

967-ca-5765-2025 that the delay is not deliberate nor due to any lethargy or negligence.

3.

Mr. S. S. Dande, learned AGP has no objection for condonation of the such small delay. In the circumstances, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 16 days caused in filing First Appeal stands condoned.

c.

First Appeal be registered. On registration of First Appeal, issue notice to respondents. Mr. S. S. Dande, learned AGP waives service of notice for respondents-State.

d.

Office objections be removed within four weeks from today. Failing to which, the registration of the appeal stands cancelled.

4.

Call Record and Proceeding.

5.

Stand over to 06.11.2025.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2025