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Bombay High CourtCA/214/2022admittedallowedgrantedrule absolute

Prabhakar Ramchandra Dabhade And ORS v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

2025-04-01Hon'Ble Shri Justice Neeraj P. Dhote2 pages

1 24CA214.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

24 CIVIL APPLICATION NO. 214 OF 2022 IN FAST/10525/2020 Prabhakar Ramchandra Dabhade & Ors.

VERSUS

The State Of Maharashtra And Ors ...

Mr. Abhijit S. More - Advocate for Applicant Mr. R. B. Dhaware - AGP for Respondent/State Mr. Dhiraj R. Jethliya - Advocate for Respondent No. 3 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 01ST APRIL 2025 PER COURT : - 1.

This Application is filed by the Claimants for condonation of 1420 days delay caused in preferring the Appeal against the Judgment and Award dated 03.02.2016 passed by the learned Civil Judge, Senior Division, Paranda, in L.A.R. No. 913 of 2011. 2.

It is submitted by the learned Advocate for the Applicant that sufficient reasons are mentioned in the Application, which prevented the Applicants for approaching this Court within the stipulated period. He submits that the Applicants undertake not to claim interest and statutory benefits for the delayed period and requests that the Application be allowed.

SG Punde

2 24CA214.2022.odt 3.

The Application is opposed by the learned AGP appearing for Respondent Nos. 1 and 2 and learned Advocate for Respondent No. 3 - Acquiring Body. They submit that no sufficient reasons are mentioned in the Application in support of the condonation of delay. 4.

After hearing both sides and for the reasons mentioned in paragraph no. 1 of the Application, the Application is allowed in terms of prayer clause 'B'. The Applicant shall not be entitled to interest and statutory benefits for the said delayed period. A copy of this order be kept along with the Appeal memo of this matter. [NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 03/04/2025 16:04:06 SG Punde