Manojkumar Ranjitrao Wayal v. State Of Maharashtra Thr Collector, Jalgaon And ORS

2025:BHC-AUG:7882

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

915 CIVIL APPLICATION NO.6256 OF 2018 IN FAST/36736/2017 Manojkumar Ranjitrao Wayal ....Applicant

Versus

State of Maharashtra Thr Collector, Jalgaon and Ors .....Respondents .....

Shri. Vithal D. Bhise, Advocate for the Applicant. Shri. D. J. Patil, AGP for the Respondent / State. Shri. B. R. Survase, Advocate for Respondent No.3 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MARCH 18, 2025 PER COURT :- .

This is the Application for condonation of 1585 days delay in preferring First Appeal against the Judgment and Award dated 15.04.2013 passed by the learned 3rd Jt. Civil Judge, Senior Division, Jalna in LA.R. No.1134/2010 (new), LAR No.68/2006 (Old). 2.

Pursuant to the notice issued, the learned AGP appears for Respondents No.1 and 2 and the learned Advocate Shri. B. R. Survase appears for the Acquiring Body.

3.

Heard both the sides. Perused the Application. 4.

The contention of the learned Advocate for the Applicant / Appellant is that in connected matters, the delay is condoned and the Appeals are settled in Lok-Adalat.

5.

The Application is opposed by the learned AGP as well as the learned Advocate for Respondent No.3.

6.

Perused the Application. The grounds are mentioned in paragraph nos.4 and 5 of the Application which prevented the Applicant in approaching this Court within the prescribed time. From the said grounds, it is seen that, due to financial constraints, the Applicant could not prefer the Appeal within the stipulated time. 7.

For the reasons mentioned in the Application, the Application is allowed in terms of prayer clause '

B', subject to the condition that the Applicant / Appellant shall not be entitled for the statutory benefits and the interest for the said delayed period. Civil Application stands disposed off accordingly.

8.

On registration of the Appeal, it be referred to ensuing Lok-Adalat scheduled for 22.03.2025. Copy of this order be enclosed with the appeal memo. The learned Advocate for the Appellant and the learned Advocate for the Acquiring Body submit that they would be appearing before the ensuing Lok-Adalat.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 19/03/2025 10:36:24