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

931CA6258-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 6258 OF 2018 IN FAST/36272/2017 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 1578 days caused while lodging the appeal challenging the judgment and order dated 28.03.2013 passed by the learned 3rd Joint Civil Judge (S.D.) Jalna in LAR No. 756 of 2010 (New)/ LAR No. 59 of 2006 (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.

931CA6258-18 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