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Bombay High CourtCA/11345/2021delay condonatedrejected

Ramakant S/O Shriram Gude v. The State Of Maharashtra Thr The Collector, Latur And ANR

2022-01-03Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

43 ca.11345.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

43 CIVIL APPLICATION NO.11345 OF 2021 IN FAST/26802/2021 RAMAKANT S/O SHRIRAM GUDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ANOTHER ...

Advocate for Applicant : Mr. N. D. Kendre.

AGP for Respondent/State: Mr. A. B. Chate.

...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

03rd January, 2022.

P.C.:

.

It is an application for condonation of delay moved by the applicant. There seems to be delay of 1304 days in preferring the appeal.

Heard Mr. Kendre, learned counsel for applicant and Mr. Chate, learned AGP for respondent No.1/State. Respondent No.2/acquiring body though duly served, remained absent.

For the reasons stated in the application for condonation of delay paragraphs 3 to 7 and looking to the grounds involved in the appeal, the delay needs to be condoned, however, on condition that the applicant shall not be entitled to get the statutory benefits and interest in respect of the delayed period. Hence, the following order is passed:

43 ca.11345.21.odt

O R D E R

I.

The application for condonation of delay is hereby allowed in terms of prayer clause (B) on condition that the applicant shall furnish usual undertaking with the Registrar (Judicial) of this Court stating that he shall not claim statutory benefits and interest in respect of the delayed period, which is condoned today.

II.

After furnishing such undertaking with the Registry, the appeal be registered after due scrutiny as per procedure and it be numbered and place before the Court for admission.

III.

The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga