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Bombay High CourtCA/2315/2022delay condonatedrejected

Pundlik Ramrao Chire (Died) Thr Lrs Bhagirathi And ORS v. The State Of Maharashtra Thr Collecotr, Osmanabad And ORS

2022-11-28Hon'Ble Shri Justice Sandipkumar C. More2 pages

33ca2315.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO.2315 OF 2022 IN FAST/9634/2020 PUNDLIK RAMRAO CHIRE (DIED) THR LRS BHAGIRATHI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECOTR, OSMANABAD AND ORS ...

Advocate for Applicants : Mr.Ingale Vivekanand V. AGP for Respondent Nos. 1 & 2-State : Mr.S.N.Kendre Advocate for Respondent No. 3 : Mrs.Sheetal V. Salunke ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 28.11.2022.

PER COURT :

1.

Heard the rival submissions.

2.

The applicants are seeking condonation of delay of 2338 days in filing the appeal, which appears due to their financial crises. The learned counsel for the Acquiring Body strongly opposed the application by pointing out that the Acquiring Body had also filed appeal, which ultimately got dismissed, but the applicants had not raised any Cross Objections therein. However, considering the statutory right of the applicants for enhancement, the delay of 2338 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid period of delay. The appeal be

33ca2315.22 placed for admission after removing office objections if any. Application is disposed of.

( SANDIPKUMAR C. MORE ) JUDGE mahajansb/