Murlidhar Ganpat Mali Died Thr His Lrs Gangabai And Others v. The Special Land Acquisition Officer (M.I.P.) Dhule And Another

936.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 14624 OF 2015 IN FAST/27643/2015 MURLIDHAR GANPAT MALI DIED THR HIS LRS GANGABAI AND OTHERS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER (M.I.P.) DHULE AND ANOTHER ...

Advocate for Applicants : Mr Bhosale Sachin V And Mr. R.C. Patil AGP for Respondent State: Mr. B. A. Shinde

CORAM

: K. L. WADANE, J.

DATE :

7th September, 2017 ORDER:

1.

Heard learned counsel for the applicants and learned AGP for the State.

2.

This is an application for condonation of delay of 1867 days caused in filing the first appeal. The application is opposed by the learned AGP on the ground that there was negligence on the part of the appellants.

3.

From the grounds stated in the application, it appears that the appellant was prevented by certain causes to file the appeal including financial clutches. Therefore in view of the observations made by the Supreme Court in the case of Ramanlal Deochand Shah 1/2

936.odt Vs. State of Maharashtra and another, reported in AIR 2013 SC 3452, the delay can be condoned on the condition that in case the appellant succeeded in the first appeal, then he will not be entitled for the amount of interest or monetary benefits and/or other statutory benefits for the period of delay.

4.

In view of the above, the delay caused in filing the appeal is hereby condoned. Civil application is accordingly disposed of.

5.

First Appeal be registered. After registration of the Appeal, issue notice to the respondents returnable on 16.11.2017. Learned AGP waives service of notice for respondent No.1.

(K. L. WADANE, J.) JPC 2/2