Radhakishan Bhaurao Shidilambe And ORS v. The City And Indu. Development Corpo. Of Mah Thr Its Administrator Cidco, Aurangabad

2025:BHC-AUG:25645 1 29-CA 7968-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7968 OF 2023 IN X-OBJST/15233/2023 Radhakishan Bhaurao Shidlambe And Others .. Applicants

Versus

The City And Industrial Development Corporation Of Maharashtra Through Its Administrator, CIDCO, Aurangabad and others .. Respondents Ms. Ashvini G. Mehetre, Advocate h/f Mr. A. B. Kale, Advocate for the Applicants.

Mr. Girish L. Awale, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent No. 2. Mr. N. S. Chaudhary, Advocate for Respondent No. 3. CORAM : KISHORE C. SANT, J.

DATE : 19th SEPTEMBER, 2025.

PER COURT :- .

Heard learned advocate for the applicants and learned advocate for the respondents.

2.

This application is moved seeking condonation of delay of 4809 days caused in filing cross objection. The appeal is filed and is pending. The same is not yet decided.

2 29-CA 7968-2023.odt 3.

The learned advocate for the applicants vehemently argued that, though delay appears to be of 4809 days, the reasons stated in the application that the applicants are illiterate persons and therefore, they did not earlier approach this Court. 4.

The learned advocate for respondent vehemently opposes the application. He places reliance on the order passed by this Court dated 10.03.2025 in Civil Application No. 1225/2024. He prays for cost and also that the claimants shall not be entitled to get any benefits for the delayed period.

5.

Considering the above, this Court is inclined to allow the application as the applicants are the original claimants who lost their property in the acquisition by the Government. Considering the above, following order :

ORDER

(I) The civil application stands allowed subject to cost of Rs. 5,000/- (Rs. Five Thousand only) to be paid to the High Court Dispensary within two weeks from today.

(II) The applicants shall not be entitled to get any statutory benefits for the delayed period.

3 29-CA 7968-2023.odt (III) The applicants shall file affidavit to that effect within two weeks from today with the office.

(IV) The civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.