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Bombay High CourtCA/11371/2024admittedallowedgrantedrule absolute

Minabai Laxmanrao Darnule v. The State Of Maharashtra Through The Collector Latur And ORS.

2025-08-01Hon'Ble Shri Justice Shailesh P. Brahme2 pages

980-CA.11371-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 CIVIL APPLICATION NO. 11371 OF 2024 IN FAST/22512/2024 MINABAI LAXMANRAO DARNULE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.

...

Adv. for Applicant : Mr. Sonkawade Shrikant J. (Through V. C.). AGP for Respondent/s-State : Mr. B. A. Shinde. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 01.08.2025 PER COURT :- 1.

Heard learned counsel for the applicant and learned AGP for respondents/State. None for the contesting acquiring body. 2.

This application is for condonation of delay of 1691 days in preferring appeal. As there is no contest to the application by contesting party, I do not find that there is an impediment in condoning the delay.

3.

Learned AGP has opposed the application for condonation of delay.

4.

I find no malafides on the part of the applicant to approach this Court belatedly. It is conceded by learned

980-CA.11371-24.odt counsel that applicant is ready to forego the interest and statutory benefits for the delayed period.

5.

Civil application is allowed and the delay caused in appeal shall stand condoned on condition that applicant shall not be entitled to interest and statutory benefits for the delayed period.

In First Appeals 6.

Admit.

7.

Learned AGP waives service of notice for the respondents/State.

8.

Call for Record and Proceedings from the concerned Court.

9.

It is clarified that applicant shall not be entitled to interest and the statutory benefits for the delayed period. (SHAILESH P. BRAHME, J.) ...

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