Kundlik Bhimaji Chavan (Died) Thr Lrs Santosh Kundlik Chavan v. The State Of Maharashtra And ORS

(1) 949 CA-10126.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.10126 OF 2021 IN FAST/12232/2021 KUNDLIK BHIMAJI CHAVAN (DIED) THROUGH LRS SANTOSH KUNDLIK CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Vitthal Bhise, Advocate for the applicants. Mr. B.V. Virdhe, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

18th August 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1147 days in fling the appeal, which appears to be caused due to their poor fnancial condition. The learned learned A.G.P. strongly opposed the application on the ground that the delay is not properly explained. The acquiring body though served, but remained absent.

3.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 1147 days in this application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

(2) 949 CA-10126.2021.odt 4.

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

5.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde