Anjanabai W/O Digamber Surner (Died) Thr Lrs Hanmant (Died) Thr Lrs Digamber And ANR v. The State Of Maharashtra Thr The Collector, Nanded And ORS

(1) 924 CA-10649.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 10649 OF 2022 IN FAST/7689/2022 ANJANABAI W/O DIGAMBER SURNER (DIED) THR LRS HANMANT (DIED) THR LRS DIGAMBER AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, NANDED AND OTHERS --- Mr. Yashodeep Deshmukh, Advocate holding for Mr. Anand Kawre, Advocate for the applicants.

Mr. D.J. Patil, A.G.P. for respondent Nos. 1 and 2. Mr. Akash Gade, Advocate for respondent No. 3. --- CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

18 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 5439 days in filing the appeal, which appears to be caused due to their poor financial condition.

3.

The learned counsel for the respondent Acquiring Body and the learned AGP strongly opposed the application on the ground that the delay is not properly explained and it is inordinate.

4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is

(2) 924 CA-10649.2022.odt allowed and the delay of 5439 days in this application stands condoned subject to cost of Rs. 7,500/- to be deposited with the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad and also subject to condition that the applicants shall not claim any interest and statutory benefits for the period of aforesaid delay. 5.

The appeal be placed for admission after removal of office objections, if any, and deposit of cost.

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde