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Bombay High CourtCA/4172/2021delay condonatedrejected

Bhilsingh Mansingh Girase Thr Lrs Sakatsingh And ANR v. The Ex. Engineer, Medium Project Div. No. 1 Dhule And ANR

2022-03-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 929-4172-2021ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.4172 OF 2021 IN FAST/15289/2020 BHILSINGH MANSINGH GIRASE THR LRS SAKATSINGH AND ANR

VERSUS

THE EX. ENGINEER, MEDIUM PROJECT DIV. NO. 1 DHULE AND ANR Mr M.M. Bhokarikar, Advocate for applicants Mr S.P. Deshmukh, A.G.P. for respondent no.2 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st March, 2022 PER COURT :

1.

Heard Mr M.M.Bhokarikar, learned Advocate for applicants and Mr A.B. Chate, learned A.G.P. for respondent no.2/S.L.A.O. None present for respondent no.1 when matter is called out.

2.

There is delay of 199 days in preferring the appeal. 3.

For the reasons stated in the application in paragraphs 4 and 5 and in view of citation in case of Ningappa Thotappa Angadi (Dead) through L.Rs. Vs. The Special Land Acquisition Officer, reported in MANU/SC/1745/2019, the delay needs to be condoned.

ORDER

(i) The Civil Application is allowed in terms of prayer clause (B). (ii) The applicants/claimants shall furnish undertaking with the Registrar (Judicial) of this Court stating that they would not claim statutory benefits and interest in respect of delayed period, which is condoned today.

2 929-4172-2021ca (iii) After furnishing such undertaking, the Registry to make scrutiny of the appeal and thereafter it be numbered and placed before the Court for admission. (iv) The Civil Application is disposed of accordingly. ( SHRIKANT D. KULKARNI, J.) vvr