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Bombay High CourtCA/2440/2023delay condonatedrejected

Pandit Ragho Kumbhar Through Gpa Rajendra Pandit Kumbhar v. The State Of Maharashtra And Others

2023-08-30Hon'Ble Shri Justice Arun R. Pedneker2 pages

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936-ca 2440-23 in fast IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.2440 OF 2023 IN FAST/19523/2020 PANDIT RAGHO KUMBHAR THROUGH GPA RAJENDRA PANDIT KUMBHAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr.

Y. R. Neb h/f.

Mr. Ajit B. Kale AGP for Respondents - State : Mr. N.

T. Bhagat Advocate for Respondent No. 4 : Mr. Avinash D. Aghav ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 30.08.2023 PER COURT :

1.

Heard the learned counsel for the parties.

2.

The learned counsel for the applicant submits that the delay of ( 448) days is caused on account of his land being compulsorily acquired by the Government and that is his only source of income was from the land which was acquired. The compensation amount granted by the Reference Court is meagre and that he would suffer an irreparable loss.

3.

Learned AGP for respondents-State and learned counsel for respondent No. 4 oppose the application.

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936-ca 2440-23 in fast 4.

For the reasons stated in the application, the Civil Application for condonation of delay is allowed. The delay of (448) days in filing the First Appeal is condoned. The Civil Application is disposed off accordingly.

5.

Appeal be registered after removal of office objections. ( ARUN R. PEDNEKER ) JUDGE .....

shp/-