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Bombay High CourtCA/3225/2020delay condonatedrejected

The Administrator, Cidco, Office, Jalna Road, Aurangabad v. Nishat Fatema W/O Javed (Died) Thr Lrs Mohammed Javed Akthar S/O Mohammed Rahmatullha And ORS

2020-10-15Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.3225/2020 :: 1 ::

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3225 OF 2020 FIRST APPEAL ST. NO.8777 OF 2020 The Administrator, CIDCO ...

APPLICANT

VERSUS

Nishat Fatema w/o Javed, Since deceased, through L.Rs.

Mohammad Javed Akhtar Mohammad Rahamtullha & ors.

...

RESPONDENTS .......

Shri A.S. Bajaj, Advocate for applicant Shri Pranjal A. Bhandari, Advocate for R.No.1-A to 1-D Shri A.V. Deshmukh, A.G.P. for respondent No.2 .......

CORAM :

SUNIL P. DESHMUKH AND R. G. AVACHAT, JJ.

DATE :

th OCTOBER, 2020 O R D E R :

1.

Heard learned appearing counsel for the parties. There is resistance on behalf of claimants for condonation of delay. The reasons given under the application largely go uncontested and their veracity is not seriously under challenge. In the circumstances, having regard to the decision in the case of "Collector, Land Acquisition, Anantnag V/s Ms. Katiji and others" reported in AIR 1987 SC 1353, as also in the case of "Esha Bhattacharjee V/s Managing Committee of Raghunathpur

C.A. No.3225/2020 :: 2 ::

Nafar Academy and others" reported in (2013) 12 Supreme Court Cases 649, and "Dhiraj Singh (Dead) through Legal Representatives and others V/s State of Haryana and others" reported in (2014) 14 SCC 127, the Civil Application is allowed in terms of prayer clause (B) and disposed of.

[R. G. AVACHAT] [SUNIL P. DESHMUKH] JUDGE JUDGE fmp/--