Digambar Sampatrao Nirval v. State Of Maharashtra Thr Collector, Jalna And ORS

2024:BHC-AUG:6680 932ca6254-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 6254 OF 2018 IN FAST/36264/2017 DIGAMBAR SAMPATRAO NIRVAL (DIED) THR LRS MANIK AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr. Deepak M. Kakade, Advocate for the appellants Mr.D. B. Bhange, AGP for the Respondents 1 and 2 State. Mr. S. C. Arora, Advocate for Respondent No.3

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 22nd March, 2024 ORDER:

1.

Heard Mr. Kakade, the learned counsel for the appellants, Mr. Bhange, the learned AGP for the respondents-State and Mr. Arora, the learned counsel for respondent no.3.

2.

By the present application, the applicants/appellants pray for condonation of delay of 1562 days caused while lodging the appeal challenging the judgment and order dated 03.05.2013 passed by the learned 3rd Joint Civil Judge (S.D.) Jalna in LAR No. 442 of 2010 (New)/ LAR No. 275 of 2007 (Old).

3.

The grounds set out in the application for condonation of delay appears to be justifiable and bonafide. Therefore, the delay deserves to be condoned. However, the appellants will not be entitled to claim interest for the delayed period.

932ca6254-17 4.

In view of the above, the civil application is allowed. The delay is condoned.

5.

The applicants/appellants shall file undertaking that they will not claim interest for the delay period, which would be part of the appeal.

( Y. G. KHOBRAGADE, J. ) JPChavan