Sitaram Rasu Rathod And ANR v. The State Of Maharashtra And ORS

(1) 939 CA-2813.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 2813 OF 2022 IN FAST/31468/2019 SITARAM RASU RATHOD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. B.K. Pawar, Advocate holding for Mr. Abhishek Hazare, Advocate for the applicants.

Mr. D.J. Patil, A.G.P. for respondent Nos.1 and 2/State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1110 days in filing the appeal, which appears to be caused due to their poor financial condition.

3.

The learned AGP strongly opposed the application on the ground that the delay is not properly explained and it is inordinate. The respondent No.3 Acquiring Body despite service, remained absent.

4.

Considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 1110 days in this application stands condoned subject to cost of Rs. 1,500/- to be deposited with

(2) 939 CA-2813.2022.odt the Registry of this Court for utilization of High Court Dispensary within two weeks and also subject to condition that the applicants shall not claim any interest and statutory benefits for the period of aforesaid delay.

5.

The appeal be placed for admission after removal of office objections, if any, and deposit of cost.

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde