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Bombay High CourtCA/5147/2020delay condonatedrejected

Madhav Ravaji Mane (Died) Thr Lrs Shantabai And ORS v. State Of Maharashtra Thr The Collector, Osmanabad And ORS

2022-08-19Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca514720.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5147 OF 2020 IN FIRST APPEAL ST. NO. 8051 OF 2019 Madhav Ravaji Mane (Deceased through LRs) & others Applicants

Versus

State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO. 5146 OF 2020 IN FIRST APPEAL ST. NO. 8048 OF 2019 Balaji Shivram Pawar Applicants

Versus

State of Maharashtra & others Respondents Mr. V. V. Ingale, advocate for the applicants. Mr. P. N. Kutti, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE J.

DATE : 19th August, 2022.

PC :

Heard rival submissions. None appears on behalf of Respondent No.3-acquiring body despite service. The applicants are claiming condonation of delay of 2251 days in challenging the respective awards in these appeals. They have claimed that the delay has been caused mainly due to their poor fnancial condition.

{2} ca514720.odt The learned AGP strongly opposed the applications and submits that if the applications are allowed, then the applicants therein shall not claim any interest for the aforesaid delay period as well as the period spent in taking delayed circulation.

In view of the same and for the reasons stated in the applications, both the applications are allowed and the delay of 2251 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid delay period as well as for the period spent in taking circulation belatedly.

Accordingly, both the applications are disposed of. (SANDIPKUMAR C. MORE) JUDGE adb