Walambabai Raghunath Gorde v. The State Of Maharashtra Thr S.L.A. Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO.5369 OF 2023 IN FAST/31987/2022 WITH CA/5368/2023 IN FAST/31481/2022 VITHAL RAGHUNATH GORADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH S.L.A.AURANGABAD ANDANR ...

Advocate for Applicant : Mr. Wayal Vitthal B. AGP for Respondents-State : Mr. K. N. Lokhande ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

04/09/2023 PER COURT :

The respondent No.2 though served with notice, has not appeared in both the applications.

2.

Heard the learned Advocate for the applicants / appellants. He submits that in another identical matter in which the facts are same, i.e. CA No.5647 of 2020 in FASt No.9087 of 2019, this Court has condoned the delay on the condition that the applicants / appellants shall not claim any interest for the period of delay. 3.

The learned Advocate further submits that in the instant case,

CA 5369-2023 the applicants / appellants are poor agriculturist and that their lands are compulsorily acquired and they do not have any other source of income and that the delay of 2726 days caused in filing the present first appeals is bonafide and not intentional. 4.

For the reasons stated by the learned Advocate for the applicants / appellants, the delay is condoned on the condition that the applicants / appellants shall not claim any interest for the period of delay. In view of the above, applications for condonation of delay are disposed of.

5.

The first appeals are Admitted.

6.

Office objections, if any, to be removed within a period of two weeks.

( ARUN R. PEDNEKER, J. ) vj gawade/-.