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Bombay High CourtCA/8859/2022admittedallowedgrantedrule absolute

Girjaba Limbaji Borude v. The State Of Maharashtra Thr Collector, Jalna And ORS

2025-05-08Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:14206

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

925 CIVIL APPLICATION NO. 8859 OF 2022 IN FAST/31250/2021 Girjaba Limbaji Borude

VERSUS

The State Of Maharashtra Thr Collector, Jalna And Ors .....

Shri. T. G. Gaikwad h/f. Shri. D. M. Pingale, Advocate for the Applicant Shri. D. J. Patil, AGP for Respondent Nos.1 & 3 Shri. S. G. Bhalerao, Advocate for Respondent No. 2 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MAY 08, 2025 PER COURT :- .

This is the Application filed by the Orig. Claimant for condonation of 1882 days delay in preferring the First Appeal against the Judgment and Award dated 01.07.2016 passed by the learned Jt. Civil Judge Senior Division, Jalna in LAR No.78/2011.

2.

The learned Advocate for the Applicant submits that, due to financial constraints the Applicant could not file the Appeal within the stipulated time. He submits that, the Applicant is ready to waive interest and statutory benefits for the delayed period and hence, the Application may be allowed.

3.

The Application is opposed by learned AGP appearing for Respondent Nos.1 and 3 and the learned Advocate appearing for the

Acquiring Body. They submit that no sufficient reasons are shown in the Application and the Application may be rejected. 4.

On hearing both the sides and considering the grounds mentioned in paragraph nos.4 and 5 of the Application, the aforesaid delay is condoned and the Application is allowed in terms of prayer clause ' A'

.

The Applicant shall not be entitled for interest and statutory benefits for the aforesaid delayed period. Copy of this order be kept in the order sheet of the Appeal Memo. Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 10/05/2025 11:04:18