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Bombay High CourtCA/13257/2024admittedallowedgrantedrule absolute

Aabasaheb Pandit Agale v. The State Of Maharashtra Through The Collector Beed And ORS.

2025-09-29Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 44-CA-13257-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 CIVIL APPLICATION NO. 13257 OF 2024 IN FAST/26271/2024 Aabasaheb Pandit Agale

VERSUS

The State Of Maharashtra Through The Collector Beed And Ors. ...

Mahajan Sudhakar T, Advocate for Applicant.

Smt. R. R. Tandale, AGP for Respondent-State. Mr. Akash Gade, Advocate for Respondent No.3. CORAM : KISHORE C. SANT, J.

DATE : 29th SEPTEMBER 2025.

PC :- 1.

Heard the learned Advocates for the parties.

2.

Inspite of service of notice, none for the respondents. 3.

This application is filed for condonation of delay of 289 days caused in filing the first appeal by the present applicant, claimant in the reference proceeding filed under Section 18 of the Land Acquisition Act. 4.

Application is vehemently opposed by the respondent. 5.

For the reasons stated in the application and since the application Ethape

( 2 ) 44-CA-13257-2024 is filed by the original claimant, this Court is inclined to allow the application. Application is allowed. Delay stands condoned. Office to register first appeal.

FIRST APPEAL 6.

Heard.

7.

Admit.

8.

Call for record and proceeding.

9.

Learned AGP waives service of notice for Respondent Nos. 1 and 2. 10.

Learned Advocate Mr. Gade waives for respondent No.3. 11.

The applicant shall file specific undertaking/affidavit that the applicant shall not be entitled to claim any interest for the delayed period in case, the appeal is allowed and amount is enhanced. [KISHORE C. SANT, J.] Ethape