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Bombay High CourtCA/1700/2022delay condonatedrejected

Kisan Limbraj Salunke And ORS v. The State Of Maharashtra Thr The Collector, Latur And ORS

2023-08-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 908 CA-1490.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.1490 OF 2022 IN FAST/34274/2021 WITH CA/1492/2022 IN FAST/34386/2021 WITH CA/1491/2022 IN FAST/34390/2021 SHRIDHAR S/O LAXMAN JOSHI (DIED) THROUGH LRS INDUMATI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND OTHERS AND 909 CIVIL APPLICATION NO.1700 OF 2022 IN FAST/34213/2021 WITH CA/1710/2022 IN FAST/34346/2021 WITH CA/1702/2022 IN FAST/34349/2021 WITH CA/1708/2022 IN FAST/34352/2021 WITH CA/1709/2022 IN FAST/34358/2021 WITH CA/1703/2022 IN FAST/34362/2021 WITH CA/1704/2022 IN FAST/34369/2021 WITH CA/1705/2022 IN FAST/34371/2021 WITH CA/1706/2022 IN FAST/34373/2021 WITH CA/1707/2022 IN FAST/34380/2021 WITH CA/1701/2022 IN FAST/34382/2021 KISAN LIMBRAJ SALUNKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND OTHERS ...

Mr. Gopal Kale, Advocate for the applicants.

Mr. R.D. Sanap, A.G.P. for respondent Nos.1 and 2. Mr. B.R. Survase and Mr. Ramdas Singare, Advocates for respondent No.3 Acquiring Body.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.08.2023.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of

(2) 908 CA-1490.2022.odt delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. 3.

The learned AGP as well as learned Counsel for the respondent Acquiring Body strongly opposed the applications on the ground that no reasonable cause is mentioned for condoning the delay periods.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

5.

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

6.

The applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde