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Bombay High CourtCA/4833/2023delay condonatedrejected

Rakhmaji Kondiba Katkar v. The State Of Maharashtra Through The Collector Aurangabad And ORS

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

(1) 933 CA-4833.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.4833 OF 2023 IN FAST/9186/2023 RAKHMAJI KONDIBA KATKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND OTHERS ...

Mr. S.N. Rodge, Advocate for the applicant. applicant. Mr. B.V. Virdhe, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.07.2023 ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 1742 days, which appears to be caused due to his poor financial condition.

3.

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.

4.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is allowed and the delay of 1742 days in this application stands condoned subject to condition that the applicant shall not claim any interest for the period of aforesaid delay.

(2) 933 CA-4833.2023.odt 5.

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

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde