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Bombay High CourtCA/100/2022delay condonatedrejected

Bhagwan Surybhan Kesgir v. The State Of Maharashtra Thr Its Collector, Parbhani And ORS

2023-01-11Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.100 OF 2022 IN FAST/25711/2021 BHAGWAN SURYBHAN KESGIR

VERSUS

THE STATE OF MAHARASHTRA THR ITS COLLECTOR, PARBHANI AND OTHERS ...

Advocate for Applicant : Mr. Mahesh P. Kale AGP for Respondents - State : Mr. B.

V.

Virdhe Advocate for Respondent No.3 : Mr.Tekale Nikhil S. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11.01.2023 PER COURT :

Since learned counsel Mr. N. S.Tekale appeared on behalf of the Acquiring Body -respondent No.3, the earlier appearance of Mr. R.B.Gaikwad for respondent No. 3 stands discharged. 2.

Heard rival submissions. The applicant is seeking condonation of delay of 869 days which appears to be caused due to his financial crisis. The learned AGP and learned counsel for the Acquiring Body strongly opposed the application on the ground that the delay is not properly explained. However, considering the statutory right of the applicant, the delay of 869 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay.

3.

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

4.

The application is accordingly disposed of.

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

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