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Bombay High CourtCA/4810/2023delay condonatedrejected

Basheer Daulat Khan Patel And ANR v. The State Of Maharashtra Thr The Collector, Latur And ORS

2023-07-11Hon'Ble Shri Justice Sandipkumar C. More2 pages

967-CA-4810-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 967 CIVIL APPLICATION NO. 4810 OF 2023 IN FIRST APPEAL (ST) NO. 7705 OF 2023 BASHEER DAULAT KHAN PATEL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR LATUR AND OTHERS ...

Mr. M.P. Kale - Advocate for Applicants Mr. S.N. Kendre - AGP for Respondent Nos.1 and 2, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 64 days, which appears to be caused due to their poor financial condition. The learned A.G.P. strongly opposed the application. The acquiring body though served, but remained absent.

3.

However, considering the statutory right of the Pooja K.

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967-CA-4810-2023 applicants and for the reasons stated in the application, the application is allowed and the delay of 64 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 office objections, if any.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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