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Bombay High CourtCA/2264/2022admittedallowedgrantedrule absolute

Manohar Narayan Shelke v. The State Of Maharashtra And ORS

2025-04-04Hon'Ble Shri Justice Neeraj P. Dhote2 pages

934-CA-2264-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 2264 OF 2022 IN FAST/21908/2019 Manohar Narayan Shelke ....Applicant

VERSUS

The State Of Maharashtra And Ors.

.....Respondents .....

Dr. Anagha Pedgaonkar h/f Mr. Kshirsagar Gajanan K., Advocate for Applicant Mr. D. J. Patil, AGP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

04.04.2025 PER COURT :

1.

This is an Application for condonation of 967 days delay caused in preferring the First Appeal against the Judgment and Award dated 24/08/2016, passed by the learned Reference Court i.e. 2nd Joint Civil Judge, Senior Division, Jalna, in Land Acquisition Reference No.514/2014.

2.

Notices were issued on this Application.

3.

Heard the learned Advocate for the Applicant and learned AGP for the Respondents - State.

4.

It is submitted by the learned Advocate for the Applicant that, sufficient reasons are shown in the Application, which prevented the Applicant from approaching this Court within the stipulated time. He further submits that, the delay be condoned. 5.

The Application is opposed by the learned AGP.

934-CA-2264-2022.odt 6.

On hearing both the sides and for the reasons mentioned in Paragraph Nos.2 and 3 of the Application, the Application is allowed in terms of prayer clause - 'B', subject to condition that the Applicant shall not be entitled for the statutory benefits and the interest for the said delayed period. Copy of this order be kept in the order sheet of the Appeal Memo. Civil Application stands disposed off accordingly.

[NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 05/04/2025 17:03:36