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Bombay High CourtCA/11429/2022delay condonatedrejected

Sahebrao S/O Shankarao Shikare (Died) Thr Lrs Surekha And ORS v. The State Of Maharashtra Thr The S.L.A.O. Aurangabad And ANR

2022-12-21Hon'Ble Shri Justice Sandipkumar C. More2 pages

11429.22CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 CIVIL APPLICATION NO.11429 OF 2022 IN FAST/18623/2022 SAHEBRAO S/O SHANKARAO SHIKARE (DIED) THR LRS SUREKHA AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR THE S.L.A.O.

AURANGABAD AND ANR ...

Mr.S.N. Rodge, advocate for the applicants.

Mr.A.B. Chate, AGP for the respondent/State.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st DECEMBER, 2022 PER COURT :- Heard rival submissions.

2.

The applicants are seeking condonation of delay of 4111 days. The delay 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 but remained absent.

3.

However, considering the statutory right of the applicants, the aforesaid delay period stands condoned subject to condition that the applicants shall not claim

11429.22CA.odt any interest for the aforesaid period of delay. 4.

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

5.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE SGA