Gulabrao Rangrao Nirval v. State Of Maharashtra Thr Collector, Jalna And ORS

2025:BHC-AUG:9153

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

920 CIVIL APPLICATION NO.6257 OF 2018 IN FAST/36270/2017 Gulabrao Rangrao Nirval

Versus

State of Maharashtra Thr Collector, Jalna And Ors .....

Shri. Vitthal D. Bhise, Advocate for the Applicant Shri. Rajdeep D. Raut, AGP for Respondents No.1 & 2 Shri. B. R. Survase, Advocate for Respondent No.3 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MARCH 27, 2025 PER COURT :- .

This is the Application for condonation of 1563 days delay in preferring the First Appeal against the Judgment and Order dated 02.05.2013 passed by the learned 3rd Jt. Civil Judge (S. D.) at Jalna in LAR No.868/2010 (New) / LAR No.72/2006 (Old). 2.

Pursuant to notice issued on the Application, the learned AGP appears for Respondents No.1 and 2 / State and learned Advocate Shri. B. R. Survase appears for Respondent No.3. 3.

It is submitted by the learned Advocate for the Applicant that due to financial constraints, the Applicant was prevented from preferring the Appeal within the stipulated time. He submits that the Applicant will

not claim any statutory benefits and the interest during the said delayed period. Hence, the Application be allowed.

4.

The Application is opposed by the learned AGP appearing for Respondents No.1 and 2 and also by the learned Advocate for Respondent No.3 - Acquiring Body.

5.

Perused the Application. For the reasons mentioned in paragraph nos.2 to 4 of the Application, the Application is allowed in terms of prayer clause 'B', subject to the condition that the Applicant shall not be entitled for the statutory benefits and the interest for the aforesaid delayed period. The copy of this order be kept in the order sheet of the Appeal memo. Civil Application stands disposed of accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 28/03/2025 10:56:32