Shaikh Raheman Shaikh Chotu (Died) Thr Lrs Shaikh Sakindar And ANR v. The State Of Maharashtra And ORS
2025:BHC-AUG:7383 927-CA-5329-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 5329 OF 2022 IN FAST/20248/2021 Shaikh Raheman Shaikh Chotu (died) Thr Lrs Shaikh Sakindar And Anr.
....Applicants
VERSUS
The State of Maharashtra and Ors.
.....Respondents .....
Mr. Pingale Durgesh Madhukar, Advocate for Applicant Mr. Rajdeep D. Raut, AGP for Respondent Nos.1 and 3 Mr. Sudhir Govind Bhalerao, Advocate for Respondent No.2 .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
11.03.2025 PER COURT :
1.
This is an Application for condonation of 888 days delay caused in preferring the First Appeal against the Judgment and Award dated 11/07/2017, passed by the learned Reference Court, in Land Acquisition Reference No.82/2011.
2.
Heard the learned Advocate for the Applicants, the learned A.G.P for Respondent Nos.1 and 3 and the learned Advocate for Respondent No.2.
3.
It is submitted by the learned Advocate Mr. Bhalerao appearing for Respondent No.2 that, the learned A.G.P. would be appearing for Respondent No.2 and therefore, his name may be discharged.
4.
The learned A.G.P. submits that, he would be appearing for Respondent Nos.1 to 3. Hence, the appearance of learned Advocate Mr. Bhalerao for Respondent No.2 is dispensed with.
927-CA-5329-2022.odt 5.
Learned A.G.P. appearing for Respondent Nos.1 to 3 opposed the Application on the ground that, no reasonable grounds are mentioned in the Application. Hence, the aforesaid delay may not be condoned.
6.
Perused the Application.
7.
For the reasons mentioned in the Application, the aforesaid delay is condoned and the Application is allowed in terms of prayer clause - [A], subject to the condition that, the Applicants shall not be entitled to statutory benefts and interest for the delayed period. The Applicants shall give an undertaking in that regard before the Registrar [Judicial] of this Court. The Offce to register the Appeal. 8.
Application is disposed of accordingly.
[NEERAJ P. DHOTE, J.] Sameer/March-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 13/03/2025 17:52:46