Subhash Sheshrao Mote (Died) Thr Lrs. Rukminbai Subhash Mote v. The State Of Maharashtra Through Dist. Collector, Jalna And Others

(1) 905 CA-12881.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.12881 OF 2022 IN FAST/23577/2022 SUBHASH SHESHRAO MOTE (DIED) THROUGH LRS.

RUKMINBAI SUBHASH MOTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH DIST.

COLLECTOR, JALNA AND OTHERS ...

Mr. P.B. Rakhunde, Advocate for the applicant. Mr. B.V. Virdhe, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

03.03.2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 2857 days in the filing the appeal, which appears to be caused due to her poor financial condition.

3.

The learned AGP strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay period. The acquiring body though served, but remained absent.

4.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is allowed and the delay period mentioned in the application stands condoned subject to condition that the

(2) 905 CA-12881.2022.odt applicant shall not claim any interest for the period of aforesaid delay.

5.

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

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde