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Bombay High CourtCA/4835/2023delay condonatedrejected

Kaduba Sainaji Aher Died Thr Lrs Bhagubai Kaduba Aher And ORS v. The State Of Maharashtra Through The Special Land Acquisition Officer, Aurangabad And ANR

2023-07-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 934 CA-4835.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.4835 OF 2023 IN FAST/9093/2023 KADUBA SAINAJI AHER DIED THROUGH LRS BHAGUBAI KADUBA AHERAND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, AURANGABAD AND ANOTHER ...

Mr. S.N. Rodge, Advocate for the applicant. applicants. Mr. S.N. Kendre, A.G.P. for respondent No.1.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.07.2023 ORDER:- 1.

Heard rival submissions. The applicants are seeking condonation of delay of 2055 days in filing the appeal, which appears to be caused due to their poor financial condition. 2.

The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The acquiring body though served, but remained absent.

3.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 2055 days in this application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

(2) 934 CA-4835.2023.odt 4.

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

5.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde