Saraswati Babasaheb Dhas (Died) Thr Lrs Shivaji And ANR v. The State Of Maharashtra Thr Collector, Beed And ANR

(1) 917 CA-5333.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5333 OF 2022 IN FAST/10518/2021 SARASWATI BABASAHEB DHAS (DIED) THROUGH LRS SHIVAJI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, BEED AND ANOTHER ...

Mr. D.R. Jaybhar, Advocate for the applicants. Mr. A.A. Jagatkar, A.G.P. for the respondents. ...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

Heard. Issue notice to the respondents. Learned A.G.P. waives notice for both the respondents. 2.

The applicants are claiming condonation of delay of 1252 days in fling the First Appeal against the award dated 28.06.2016 in LAR No. 390 of 2011. The learned Counsel for applicants submits that as soon as the applicants received compensation amount, they fled this appeal. Since the applicants were having poor fnancial condition, they could not fle the appeal within the period of limitation. 2.

The learned A.G.P. for the respondents took strong objection. However, considering the statutory right of the

(2) 917 CA-5333.2022.odt applicants and for the reasons stated in the Application, the application is allowed and the delay of 1252 days in fling the appeal stands condoned in the interest of justice, subject to condition that the applicants shall not claim any interest for such delay period.

3.

The Civil Application is accordingly disposed of. 4.

The First Appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) VD-Dhirde