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Bombay High CourtCA/8357/2022delay condonatedrejected

Ram Dhondiba Gaikwad (Died) Thr Lrs Krushna Rambhau Gaikwad v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

2022-08-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 950 CIVIL APPLICATION NO.8357 OF 2022 IN FAST/23801/2021 RAM DHONDIBA GAIKWAD (DIED) THR LRS KRUSHNA RAMBHAU GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicant : Mr. Ingale Vivekanand V.

AGP for Respondents - State : Mr. S. R.

Yadav - Lonikar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30.08.2022 PER COURT :

.

Heard rival submissions. The applicants are seeking condonation of delay of 3102 days which has been caused on account of their poor financial condition. The learned AGP strongly opposed the application. However, respondent No. 3 - Acquiring Body and the respondent No. 4 to 6, who are the co-claimants despite service remained absent.

2.

In view of the above, considering the statutory right of the applicant, the delay of 3102 days in filing first appeal stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay.

3.

The application is accordingly disposed of.

4.

Appeal be placed for admission after removal of office objections, if any.

(SANDIPKUMAR C. MORE) JUDGE .....

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