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Bombay High CourtCA/10889/2022disposed off

Himmatrao Dhondiram Barhate And Another v. The State Of Maharashtra Through The Collector, Parbhani And Others

2023-03-20Hon'Ble Shri Justice Sandipkumar C. More3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO.7181 OF 2022 IN FIRST APPEAL (ST) NO. 29801 OF 2021 JIJABAI VISHWANATH MULE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, PARBHANI AND OTHERS AND 24 CIVIL APPLICATION NO.7587 OF 2022 IN FIRST APPEAL (ST) NO. 27699 OF 2021 SUJAL @ LAXMIKANT S/O SARJERAO BARHATE UNDER GUARDIANSHIP OF SARJERAO

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, PARBHANI AND OTHERS AND 26 CIVIL APPLICATION NO.10889 OF 2022 IN FIRST APPEAL (ST) NO. 29797 OF 2021 HIMMATRAO DHONDIRAM BARHATE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI AND OTHERS ...

Mr. V.D. Bhise - Advocate for Applicants Mr. R.B. Bagul, Mr. S.N. Morampalle - AGP's for Respondents, State ....

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CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. 3.

The learned A.G.P. strongly opposed the application on the ground that, no reasonable cause is mentioned for condoning the delay periods. The acquiring body though served, but remained absent.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

5.

The appeals be placed for admission after removal of 2/3

office objections, if any.

6.

The Civil Applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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