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Bombay High CourtCA/6120/2015disposed offdismissed for default

Vithal Mansing Girase Since Deceased Through His Lrs Chotu And Others v. The State Of Maharashtra And Others

2015-11-26Hon'Ble Shri Justice A.M. Badar2 pages

1 CA 6120/15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6120 OF 2015 Vithal Mansing Girase, since deceased, through His Lrs Chotu and others APPLICANTS V E R S U S The State of Maharashtra & Ors NON-APPLICANTS Mr. C.R. Deshpande, Advocate for Applicants Mr. B.V. Virdhe, A.G.P. for Non-Applicants - State CORAM : A.M. BADAR, J.

DATE : 26th NOVEMBER, 2015 PER COURT :

1.

This is an application for condonation of delay of 561 days in filing an Appeal under Section 54 of the Land Acquisition Act. In order to show bonafides of Claimants / Applicants, the learned counsel for Applicants submits that Applicants would submit an undertaking in this Court within a period of four weeks to the effect that they shall not claim any statutory benefit in respect of period of delay. 2.

The learned A.G.P. opposes the application by contending that no sufficient cause is shown.

3.

Perusal of the Application reflects sufficient cause and

2 CA 6120/15 conduct of Applicant is bonafide as they are not claiming any statutory benefit for delay.

4.

The Application for condonation of delay is allowed. The delay in filing Appeal is condoned. The Applicant to submit necessary undertaking before this Court within four weeks. The Application is disposed of accordingly.

( A.M. BADAR ) JUDGE srm/26/11/2015