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Bombay High CourtCA/15833/2022admittedallowedgrantedrule absolute

Nilimabai Bhushankumar Maheshwari v. The Special Land Acquisition Officer, No. 2 Nandurbar And ORS

2025-10-01Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:27467 907 CA NO. 15833 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15833 OF 2022 IN FAST/25886/2022 Nilimabai Bhushankumar Maheshwari

VERSUS

The Special Land Acquisition Officer, No. 2 Nandurbar And Ors ...

Ms. A. G. Mehetre, Advocate h/f. Mr. A. B. Kale, Advocate for Applicant Mr. V. S. Badakh, AGP for Respondent No. 1 and 3 ...

CORAM : ABHAY S. WAGHWASE, J.

DATED : 01.10.2025 PER COURT :

1.

This application is filed by the appellant / original claimant seeking condonation of delay of 3515 days caused in filing the first appeal against the judgment and order dated 08.11.2012, passed by the learned Civil Judge, Senior Division, Nandurbar, in Land Acquisition Reference No. 37 of 2011.

2.

The learned AGP for the State opposes the application, stating that the delay has not been properly explained. It is further submitted that, if this Court is inclined to condone the delay, the statutory benefits should not be granted for the period of delay. Jhs/ 1/2

907 CA NO. 15833 OF 2022 3.

For the reasons mentioned in the application and in the interest of justice, the delay is required to be condoned. Accordingly, the application is allowed. The delay is condoned, subject to the condition that the applicant shall not be entitled to interest for the period of delay.

4.

Accordingly, the application stands disposed of. 5.

Appeal be registered. Upon registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Learned AGP waives service of notice for respondent nos.1 and 2. ( ABHAY S. WAGHWASE, J. ) Jhs/ 2/2