Tathu @ Nathu Gangaram Patil(Died) Lrs Tukaram Patil And ORS v. The S.L.A.O.-I Upper Tapi Rpoject And ANR
2024:BHC-AUG:6475 CA 4722/14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 4722 OF 2014 IN RC/649/2010 Tathu @ Nathu Gangaram Patil(died) Lrs Tukaram Patil And Ors ....Applicant
VERSUS
The S.L.A.O. -I, Upper Tapi Project And Anr .....Respondent .....
Advocate for Applicant : Ms. S.A. Kale h/f. Mr. A.B. Kale AGP for Respondent 1/State : Mr. K.B. Jadhavar Advocate for Respondent 2 : Mrs. Sunita D. Shelke .....
CORAM
: ARUN R. PEDNEKER, J.
Dated : March 20, 2024 PER COURT :- 1.
Heard the learned counsel for the parties.
2.
The present civil application is filed for quashing the order of Registrar dated 27.1.2010, dismissing the first appeal for non removal of office objections and for restoration of the first appeal along with the condonation of delay of 1486 days caused in filing the present application. 3.
The learned counsel AGP strongly opposed the application as there is huge delay in filing the present application. 4.
The learned counsel for the applicants/appellants submits that the applicants are poor persons, living in remote area and therefore, in the interest of justice, the delay may be condoned. The learned counsel for the applicants submits that the claimants will not claim any interest and statutory benefits for the delay period caused in filing the present application.
CA 4722/14 5.
For the reasons stated in the application and in view of the statement made by the learned counsel for the applicants, the application is allowed. The delay of 1486 days caused in filing the present civil application is condoned. The order of Registrar dated 27.1.2010 is quashed and set aside to the extent of present applicants. The appeal is restored to its original stage subject to the condition that in the event the appellants succeed in the appeal, the appellants shall not be entitled for any interest or statutory benefits for the delay period of 1486 days caused in filing the civil application. Civil Application is disposed of. ( ARUN R. PEDNEKER, J. ) ssc/