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Bombay High CourtCA/8547/2022delay condonatedrejected

Dnyanoba S/O Dhondiba Pujari (Died) Thr Lrs Pandurang And ORS v. The State Of Maharashtra Thr District Collector, Nanded And ORS

2023-02-16Hon'Ble Shri Justice Sandipkumar C. More1 pages

(1) 906 CA-8547.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.8547 OF 2022 IN FAST/32382/2021 DNYANOBA S/O DHONDIBA PUJARI (DIED) THROUGH LRS PANDURANGAND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, NANDED AND OTHERS ...

Mr. G.N. Chincholkar, Advocate for the applicants. Mr. S.N. Kendre, A.G.P. for respondent Nos.1 and 3 . ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

16.02.2023.

ORDER:- 1.

The applicants are seeking condonation of delay of 739 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned A.G.P. strongly opposed the application on the ground that delay is not properly explained. The Acquiring Body though served, but remained absent.

2.

Considering the statutory right of the applicants, the application is allowed and the delay of 739 days stands condoned subject to condition that the applicants shall not claim any interest for the said delay period. 3.

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

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde