Mamlabai Narsing Bahure v. The State Of Maharashtra Thr The Land. Acq. Officer Aurangabad And ANR

2025:BHC-AUG:19022 {1} CA 8894 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 8894 OF 2022 IN FAST/21033/2021 MAMLABAI NARSING BAHURE

VERSUS

THE STATE OF MAHARASHTRA, THR. THE LAND ACQUISITION OFFICER, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. A.R. Shinde and Ms.Anita A. Gadekar AGP for Respondent no.1 : Mr.S.M.Ganachari ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 21 JULY, 2025 PER COURT :- 1.

This application is filed by the claimant for condonation of delay of 2317 days caused in filing first appeal against the judgment and order dated 07-01-2015 passed by the learned 2nd Jt. Civil Judge, Senior Division, Aurangabad in LAR No.390 of 2009. 2.

Learned AGP for respondent no.1 opposed application stating that delay is not properly explained. It is further submitted that, if at all this Court is inclined to condone the delay, the statutory benefits may not be granted for the period of delay.

{2} CA 8894 OF 2022 3.

For the reasons mentioned in the application and in the interest of justice, delay is required to be condoned. Accordingly, application is allowed. Delay is condoned on the condition that the applicant shall not be entitled for the interest for the period of delay. 4.

Accordingly, application is disposed of.

5.

Appeal be registered. On registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Learned AGP waives service of notice for respondent no.1. ( ABHAY S. WAGHWASE ) JUDGE SPT