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Bombay High CourtCA/4018/2020delay condonatedrejected

The State Of Maharashtra Thr The Collector, Osmanabad And ANR v. Shankar Baba Sonwane (Died) Thr Lrs. Indubai Shankar Sonwane And ORS

2023-08-11Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

(1) 910-ca-4016-2020 & anr. delay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4016 of 2020 IN FAST/8907/2020 THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ANR

VERSUS

SAMPAT BABARAO SONWANE (DIED) THR LRS. YAMUNBAI SAMPATRAO SONWANE AND ANR AND CIVIL APPLICATION NO.4018 OF 2020 IN FAST/8992/2020 THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ANR VS SHANKAR BABA SONWANE (DIED) THR LRS. INDUBAI SHANKAR SONWANE AND ORS ...

Mr. S. S. Dande, AGP for the Applicants.

Mr. V. V. Ingale, Advocate for Respondent Nos.1 and 2. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 11th AUGUST, 2023.

PER COURT:- 1.

By these applications, the applicants seek to condone the delay of 3299 days caused in filing the appeals challenging the judgment and award passed by the Reference Court. 2.

It is the contention of the applicants that the delay is occasioned on account of administrative and procedural reasons. The applicants have not derived any disadvantage by making delay. There are good ground for appeals.

(2) 910-ca-4016-2020 & anr. delay 3.

Mr. Dande, learned AGP appearing for the applicants invites attention of this Court to the specific contentions raised in the applications in this regard and submits that the sufficient cause is made out.

4.

The learned Advocate appearing for the respondents opposes the contentions stating that the reasons as stated in the applications are not sufficient to make out sufficient cause. 5.

Having considered the submissions advanced, it is apparent that the applicants are required to take various administrative and procedural approvals for filing the appeals. The reasoning given in the applications highlights such steps taken by the applicants and due to which the delay is caused. In that view of the matter, case is made out to condone the delay. Hence, the following order:-

ORDER

a.

Civil Applications are disposed of.

b.

Delay of 3299 days caused in filing the First Appeals is condoned.

c.

Appeals be registered subject to removal of office objections, if any.

d.

Civil Applications are disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023