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Bombay High CourtCA/10636/2023delay condonatedrejected

Dnyaneshwar Dilip Girase v. The State Of Maharashtra Through The Collector, Dhule And ORS

2023-08-23Hon'Ble Shri Justice Arun R. Pedneker2 pages

1 ca 10636.2023+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.10636 OF 2023 IN FAST/25629/2023 WITH CA/10637/2023 IN FAST/25632/2023 DNYANESHWAR DILIP GIRASE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULE AND ORS ...

Advocate for Applicant: Mr. Sonar Anudeep Dilip AGP for Respondent/State: Ms. R. P. Gour ...

AND ...

933 CIVIL APPLICATION NO.10638 OF 2023 IN FAST/25622/2023 MACHINDRA JAYSING GIRASE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULEAND ORS ...

Advocate for Applicant: Mr. Sonar Anudeep Dilip AGP for Respondent/State: Mr. B. V. Virdhe ...

AND ...

934 CIVIL APPLICATION NO.10639 OF 2023 IN FAST/25616/2023 SURENDRA RATANSING GIRASE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULEAND ORS ...

Advocate for Applicant: Mr. Sonar Anudeep Dilip AGP for Respondent/State: Mr. N. T. Bhagat ...

2 ca 10636.2023+ CORAM :ARUN R. PEDNEKER, J.

DATE :23rd AUGUST, 2023 PER COURT:

1.

The present first appeals are filed by the claimants for enhancement of compensation. They have filed the applications for condonation of delay of 439 days. The learned counsel submits that the land of the applicants are compulsorily acquired and that due to their bad financial position they are unable to file the appeal within limitation. The applicants are poor agriculturists. They are unable to make necessary arrangements for courts fees and necessary legal expenses. Their substantial rights would be defeated if the delay is not condoned. The delay caused is bonafide and not intentional.

2.

In view of the same, the delay is condoned. The civil applications for condonation of delay are allowed and disposed of.

3.

Issue notice in the first appeals to the respondents, returnable on 04.09.2023. The learned AGP waives service of notice on behalf of respondent no.1.

[ARUN R. PEDNEKER, J.] marathe