Kisanrao Atmaram Kulkarni Died Through Lrs Tushar S/O Kisanrao Kulkarni v. The State Of Maharashtra Through The Collector, Osmanabad

2025:BHC-AUG:10865 (1) 122-ca-7462-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7462 OF 2024 IN FAST/10593/2024 KISANRAO ATMARAM KULKARNI DIED THROUGH LRS TUSHAR S/O KISANRAO KULKARNI

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD ...

Mr. Shrikishan S. Shinde, Advocate for Applicant. Mr. V. S. Badakh, AGP for Respondents-State.

Mrs. Sunita D. Shelke, Advocate for Respondent No.2. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 15th APRIL, 2025.

P.C.:- 1.

Heard Mr. Shinde, learned Advocate appearing for the applicant.

2.

By this application, applicant seeks to condone delay of 4819 days caused in filing Appeal against award passed by Reference Court.

3.

Mr. Shinde points out that other sister Appeals arising out of same acquisition and award are already admitted. He invites attention of this Court to order dated 19.06.2023 passed in First Appeal No.449/2023. He would submit that similar delay is already condoned in this matter.

4.

Considering submissions advanced and reasons as stated in paragraph no.5 of the application, sufficient cause is made out to condone delay. Hence, following order:

ORDER

a.

Civil Application is allowed.

(2) 122-ca-7462-2024.odt b.

Delay of 4819 days caused in filing Appeal is hereby condoned.

c.

Appeal be registered subject to condition that applicant files an undertaking to the Registrar (Judicial) of this Court that he shall not claim interest and statutory benefit for the delayed period, in case his appeal is allowed. The undertaking to be filed within a period of four weeks from today. .

d.

After registration of Appeal, Admit.

e.

To be heard alongwith First Appeal No.449/2023. (S. G. CHAPALGAONKAR) JUDGE Devendra/April-2025