Jaipalsingh Vitthalsingh Girase (Gpa For Other Appellants) Gulabbai And ORS v. The Ex. Engineer, Medium Project Div. No. 1 Dhule And ANR

1 928-4143-2021ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.4143 OF 2021 IN FAST/6266/2020 PADMAKORBAI JAISINGH GIRASE

VERSUS

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION NO.1, DHULE AND ANR Mr M.M. Bhokarikar, Advocate for applicant Mr A.B. Chate, 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 applicant 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 169 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 applicant/claimant shall furnish undertaking with the Registrar (Judicial) of this Court stating that he would not claim statutory benefits and interest in respect of delayed period, which is condoned today.

2 928-4143-2021ca (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