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Bombay High CourtCA/1818/2020admittedallowedgrantedrule absolute

Kamal Mahadeo Kale v. Bajirao Bhagwan Dahiphale And ORS

2025-02-05Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 924 CA-1818.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 1818 OF 2020 IN FAST/16715/2019 KAMAL MAHADEO KALE

VERSUS

BAJIRAO BHAGWAN DAHIPHALE AND OTHERS ...

Mr. Mohit Deshmukh, Advocate for the applicant. Mr. F.R. Tandale, Advocate for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

5 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 177 days, which appears to be caused due to her poor financial condition. The learned Counsel for the respondents/owner strongly opposed the application on the ground that the delay is not calculated properly.

3.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is allowed and the delay of 177 days in this application stands condoned subject to condition that the applicant /claimant shall not claim any interest for the period of aforesaid delay on the enhanced compensation, if granted.

(2) 924 CA-1818.2020.odt 4.

The appeal be placed for admission after removal of office objections, if any.

5.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde