Sayed Gafur Gulab Nabi v. The State Of Maharashtra Thr Collector, Jalna

1 934CA7349.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

934 CIVIL APPLICATION NO. 7349 OF 2022 IN FAST/21473/2020 Sayed Gafur Gulab Nabi

VERSUS

The State Of Maharashtra Thr Collector, Jalna ...

Mr. D. M. Pingale - Advocate for Applicant Mr. R. B. Dhaware - AGP for Respondent/State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 16TH APRIL 2025 PER COURT : - 1.

It is submitted by the learned Advocate Mr. S. G. Bhalerao that, his name is shown for Respondent No. 3. He submits that, since Respondent No. 3 is a Minor Irrigation Local Sector, Jalna, learned AGP can appear on behalf of Respondent No. 3. 2.

In view of the above, appearance of Mr. S. G. Bhalerao for Respondent No. 3 is discharged.

3.

Heard. Issue notice to the respondents. Learned A.G.P. waives notice for respondent Nos.1 to 3.

4.

This is an Application for condonation of 1806 days' delay caused in filing the First Appeal by the Original Claimant against the Judgment and Award dated 05.01.2015 passed by the learned Joint Civil Judge Senior Division, Jalna, in L.A.R. No. 2622 of 2010. 5.

Learned Advocate for the Applicant submits that, due to financial crisis of the Applicant, he could not approach this Court and file

2 934CA7349.2022.odt the Appeal within the stipulated time. He further submits that sufficient reasons are shown in support of the application. He has tendered across the bar a copy of the order dated 20.12.2022 passed in Civil Application No. 5319 of 2022 in FAST No. 36463 of 2019 and connected applications, whereby this Court has condoned the delay in connected matters. He submits that the Application be allowed.

5.

The learned A.G.P. strongly opposed the application. 6.

After hearing both sides and for the reasons mentioned in paragraph nos. 4, 5 and 6 of the Application, the Application is allowed in terms of prayer clause 'B'. The Applicant shall not be entitled to interest and statutory benefit for the delayed period. A copy of this order be kept in the order sheet of the Appeal. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 18/04/2025 17:44:11