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Bombay High CourtCA/5102/2023delay condonatedrejected

Popat Narayan Patil v. The Special Land Acq. Officer And ANR

2023-07-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} 953-ca510223.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5102 OF 2023 IN FIRST APPEAL ST. NO. 12963 OF 2007 AND CIVIL APPLICATION NO. 5176 OF 2023 IN FIRST APPEAL ST. NO. 12493 OF 2007 AND CIVIL APPLICATION NO. 5177 OF 2023 IN FIRST APPEAL ST. NO. 12478 OF 2007 AND CIVIL APPLICATION NO. 5178 OF 2023 IN FIRST APPEAL ST. NO. 12498 OF 2007 AND CIVIL APPLICATION NO. 5179 OF 2023 IN FIRST APPEAL ST. NO. 12486 OF 2007 Mr. A. B. Kale, advocate for the Applicants Mr. S. N. Kendre, Mr. B. V. Virdhe, Mr. S. P. Tiwari, AGPs for Respondents No.1 & 2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th July, 2023.

PC :

Heard rival submissions.

The respective applicants-claimants, are seeking condonation of delay periods, mentioned in all these applications, which appear to be caused due to their fnancial crisis.

The learned AGPs strongly opposed the

{2} 953-ca510223.odt applications on the ground that the delay is not properly explained and there is also huge circulation delay around 5500 days. It is signifcant to note that in respect of the aforesaid circulation delay, there is an observation made by this Court while granting permission to restore all these appeals, under order dated 07.02.2023.

However, considering the statutory right of the applicants, delay periods, mentioned in all these applications, stand condoned subject to the condition that the applicants shall not claim any interest for the aforesaid periods of delay and also for the huge circulation delay, as observed in order dated 07.02.2023.

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

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb