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Bombay High CourtCA/8563/2022delay condonatedrejected

Mokinda S/O Rambhau Tandle (Died) Thr Lrs Vasant And ORS v. Ex. Engineer, Beed Minor Irrigation Div. Beed Under Gmidc, Aurangabad And ORS

2022-11-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.8563 OF 2022 IN FAST/8439/2022 MOKINDA S/O RAMBHAU TANDLE (DIED) THR LRS VASANT AND OTHERS

VERSUS

EX. ENGINEER, BEED MINOR IRRIGATION DIV. BEED UNDER GMIDC, AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Kingre Gajanan B AGP for Respondents - State : Mr. S. N.Kendre ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10.11.2022 PER COURT :

Heard rival submissions. The applicants are seeking condonation of delay of 3960 days as mentioned in the application which appears to be caused due to their poor financial condition. The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The respondent No. 1 -Acquiring Body though served, but remained absent. 2.

However, considering the statutory right of the applicants, the delay of 3960 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid delay

period.

3.

The appeal be placed for admission after removal of office objections, if any. The copy of this order be placed with the appeal. 4.

The application is accordingly disposed of.

(SANDIPKUMAR C. ORE) JUDGE .....

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