Shivlal @ Shivdas Kondiba Kolekar And ORS v. The State Of Maharashtra Thr. Collector Dharashiv And ORS.

2025:BHC-AUG:21077 980 CA 9342 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 CIVIL APPLICATION NO. 9342 OF 2024 IN FAST/19662/2024 SHIVLAL @ SHIVDAS KONDIBA KOLEKAR AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR DHARASHIV AND ORS. ...

Advocate for Applicant : Mr. Deshmukh Vivekanand B. AGP for Respondent no. 1 : Mr. D.B. Bhange ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 05.08.2025 PER COURT :

Heard learned advocate for the applicant, the learned A.G.P. for respondent nos. 1 and 2. None appears for respondent no. 3. 2.

The applicant seeks to condone delay of 2552 days in preferring the appeal for enhancement of the compensation.

3.

The learned A.G.P. opposes the application.

3.

Respondent no. 3-contesting party, has neither caused any appearance nor contested the averments of the application. I do not find that there are any mala fides on the part of the appellant in filing the appeal belatedly. For the reasons stated in the application, it is desirable to condone the delay. However, the applicant shall not be entitled to claim interest and statutory benefits for the delayed period.

4.

The civil application is allowed and delay stands condoned on condition that the applicant shall not be entitled to claim interest and statutory benefits for the delayed period.

( SHAILESH P. BRAHME, J.) mkd/- 1/1