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Bombay High CourtCA/6234/2021delay condonatedrejected

Sitaram Watchhu Pawar (Died) Thr Lrs Sangita Sitaram Pawar And ORS v. The State Of Maharashtra Thr Collector, Jalna And ORS

2021-08-13Hon'Ble Shri Justice R. G. Avachat2 pages

1 938-ca-6234-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6234 OF 2021 IN FIRST APPEAL STAMP NO. 12210 OF 2020 Sitaram Watchhu Pawar [Died] Through his L.Rs.

1] Sangita Sitaram Pawar and others ... Applicants

Versus

The State of Maharashtra and others ... Respondents ....

Mr. D. M. Pingale, Advocate for applicants Mr. S. N. Kendre, AGP for respondent Nos. 1 and 2 ....

CORAM : R. G. AVACHAT, J.

DATED : 13th AUGUST, 2021 PER COURT :- .

Heard.

2.

Respondent No.3 - acquiring body, though served, has not marked appearance. It is, therefore, treated that it has no objection to grant the application. Learned AGP, representing the State, objects.

3.

There is delay of 797 days in preferring the appeal. The applicants are the original claimants.

2 938-ca-6234-2021.doc 4.

For the reasons given in the application, the same is allowed in terms of prayer clause (A) on condition that the applicants-claimants shall not be entitled for component of interest, if any, on the delayed period of 797 days.

5.

Appeal be registered.

6.

On registration of appeal, issue notice to the respondents, returnable on 8th October, 2021. 7.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2.

8.

Call record and proceedings.

[ R. G. AVACHAT, J. ] SMS