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Bombay High CourtCA/5035/2025admittedallowedgrantedrule absolute

Baban Vitthal Shep v. Union Of India Through The General Manager Central Railway Mumbai And ORS.

2025-05-02Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:13249 911-CA-5035-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 5035 OF 2025 IN FAST/13394/2025 BABAN VITTHAL SHEP

VERSUS

UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY MUMBAI AND ORS.

....

Mr. S. B. Solanke, Advocate for the Applicant Mr. A. G. Talhar, Advocate for the Respondents Mr. D. B. Bhange, AGP for Respondents-State ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 02.05.2025 PER COURT :- .

Heard learned Advocates for respective parties. 2.

Mr. Talhar, learned Advocate waives for respondent Nos.1 and 2. Learned AGP waives for respondent No.3. 3.

Perused the application and reasons as stated therein. Applicant seeks to condone delay of 1059 days caused in filing appeal. Considering the fact that the applicant litigating for getting just compensation to acquired land and considering the aforesaid ground and the law laid down by the Hon'ble Supreme Court in case of Suresh Kumar Vs. State of Haryana and others, 2025

(( 2 )) 911-CA-5035-25 INSC 550, sufficient cause is made out to condone the delay. In result, the application is allowed. The delay of 1059 days caused in filing appeal is hereby condoned . Appeal be registered subject to removal of office objections, if any.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav