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Bombay High CourtCA/15535/2022delay condonatedrejected

Afsanabee Ab. Sattar v. The State Of Maharashtra Thr Dist. Collector, Nanded And ORS

2023-01-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca15535.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15535 OF 2022 IN FIRST APPEAL ST. NO. 11910 OF 2020 Afsanbee w/o Ab. Sattar Applicant

Versus

The State of Maharashtra & others Respondents Ms. Smita Kulkarni, advocate holding for Mr. K. M. Nagargoje, advocate for the Applicant Mr. A. B. Chate, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09th January, 2023.

PC :

Heard rival submissions.

The applicant is seeking condonation of delay of 281 days in fling this appeal.

The learned AGP strongly opposed the same on the ground that there is also circulation delay. The acquiring body, though served, but remained absent.

However, considering the statutory right of the applicant, the delay of 281 days stands condoned subject to the condition that the applicant shall not claim any interest

{2} ca15535.22.odt for the aforesaid period of delay and also for the delay in circulating the matter belatedly.

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

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb