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Bombay High CourtCA/15774/2022delay condonatedrejected

Suka Supadu Bhoi Thr Lrs Ashabai Kailas Bhoi v. The State Of Maharashtra Thr Collector, Jalgaon And ORS

2023-01-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca15774.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15774 OF 2022 IN FIRST APPEAL ST. NO. 28649 OF 2022 Suka Supadu Bhoi (died) through L. R. Ashabai Applicant

Versus

The State of Maharashtra & others Respondents Mr. M. M. Bhokarikar, advocate for the Applicant Mr. S. N. Kendre, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

Heard rival submissions.

The applicant is seeking condonation of delay of only 167 days which appears to be caused due to her fnancial crisis.

The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The acquiring body, though served, but remained absent. Considering the statutory right of the applicant, the delay of 167 days stands condoned subject to the

{2} ca15774.22.odt condition that the applicant shall not claim any interest for the aforesaid period of delay.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb