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Bombay High CourtCA/3335/2023disposed off

Baliram Sonji Patil (Died) Thr Lrs. Shakuntalabai (Died) Thr Lrs. Sanjay Baliram Patil And ORS v. The Special Land Acquisition Officer Jalgoan And ANR

2023-03-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

924-CA-3335-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3335 OF 2023 IN FIRST APPEAL NO. 717 OF 2007 BALIRAM SONJI PATIL (DIED) THR LRS SHAKUNTALABAI (DIED) THR LRS SANJAY BALIRAMPATIL AND OTHERS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER JALGOAN AND ANOTHER ...

Ms. S.A. Kale h/f. Mr. A.B. Kale - Advocate for Applicants Mr. S.S. Dande - AGP for Respondent No.1, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 14th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole appellant - claimant - Baliram Sonji Patil, who admittedly died on 30th December, 2015 by condoning the delay of 2416 days.

3.

The learned counsel for the respondent - acquiring body as well as learned A.G.P. opposed the application only to the 1/2

924-CA-3335-2023 extent of stoppage of interest for the aforesaid period of delay. Therefore, considering the right to defend, the application stands allowed in terms of prayer clauses 'B' and 'C' , subject to condition that, the applicants shall not claim any interest for the aforesaid period of delay on the enhanced compensation if granted.

4.

The applicants are directed to carry out the amendment within stipulated period.

5.

The Civil Application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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