Suresh Umrao Miskin (Died) Thr Lrs Tai And ORS v. The State Of Maharashtra And ORS

903CA15164..2019

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15167 OF 2019 IN FIRST APPEAL [ST] NO. 25705 OF 2018 Suresh Umrao Miskin (died), through LRs - Tai wd/o Suresh Miskin & Ors.

...Applicants

Versus

The State of Maharashtra & Ors.

... Respondents ...

Mr. Shrikishan S. Shinde - Advocate for the applicants Mr. A. B. Chate - AGP for respondent/State Mr. G. B. Rajale - Advocate for respondent no. 3 ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 21st JUNE, 2023 PER COURT :

1.

Heard learned advocates appearing for the respective parties.

2.

By this application, the applicants/claimants are seeking to condone the delay of 2542 days caused in filing the First Appeal thereby challenging the judgment and award passed by the Reference Court in Land Acquisition Reference No. 112 of 2006. The applicants have stated the reasons for the delay in paragraph nos. 2 to 6 of the application.

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903CA15164..2019 3.

Mr. Rajale, learned advocate for respondent no. 3, opposed the prayer made in the application. In the alternative, he submits that if the delay is condoned, the applicant shall not be permitted to claim the interest for the delayed period. 4.

Considering the submissions advanced and the reasons stated in the application, sufficient grounds are made out to condone the delay, however, subject to the conditions that the applicant shall not claim interest for the period of delay and they shall file an undertaking to that effect with the Registry of this Court, within eight days.

5.

The Civil Application is accordingly allowed subject to the condition as stated above.

[ S. G. CHAPALGAONKAR ] JUDGE SG Punde 2/2