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Bombay High CourtCA/9298/2022delay condonatedrejected

Machindra Maruti Munde And ANR v. The State Of Maharashtra Through Collector, Beed And Another

2022-11-22Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca9298.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9298 OF 2022 IN FIRST APPEAL ST. NO. 14099 OF 2022 Machhindra Maruti Munde & another Applicants

Versus

The State of Maharashtra & another Respondents Mr. V. B. Dhage, advocate holding for S. R. Kedar, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondent No.1.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22nd November, 2022.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of 1090 days which appears to be caused due to their fnancial crisis. The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The acquiring body, though served, remained absent. However, by considering the statutory right of the applicants, delay of 1090 days stands condoned subject to the

{2} ca9298.22.odt condition that the applicants shall not claim any interest for the aforesaid period of delay.

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

(SANDIPKUMAR C. MORE) JUDGE adb