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Bombay High CourtCA/422/2023admittedallowedgrantedrule absolute

Late Shantaram Daulat Patil Thr Lrs. Devkabai @ Meerabai Shantaram Patil And ORS v. The Special Land Acquisition Officer, Jalgaon And Another

2025-03-27Hon'Ble Shri Justice Neeraj P. Dhote2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

924 CIVIL APPLICATION NO. 422 OF 2023 IN FAST/33926/2022 Late Shantaram Daulat Patil Thr LRs. Devkabai @ Meerabai Shantaram Patil And Ors

Versus

The Special Land Acquisition Officer, Jalgaon And Another .....

Shri. Madhav M. Bhokarikar, Advocate for the Applicants Shri. D. J. Patil, AGP for Respondent No.1 Shri. N. E. Deshmukh, Advocate for Respondent No.2 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MARCH 27, 2025 PER COURT :- .

This is the Application by the Claimants for condonation of 2182 days delay in preferring the Appeal against the Judgment and Order dated 12.10.2012 passed by the learned Reference Court i.e. Civil Judge, Senior Division, Amalner in the LAR No.4/1997. 2.

It is submitted by the learned Advocate for the Applicants that sufficient reasons are shown in the Application, which prevented the Applicants from preferring the Appeal within the stipulated time. He submits that the Application be allowed.

3.

The Application is opposed by the learned Advocate appearing for Respondent No.2. He submits that the Application do not speak of sufficient reasons as to when the Applicants got the knowledge of the

impugned Judgment and Order. He submits that the delay is not sufficiently explained. He submits that, the Application be rejected. 4.

The Application is opposed by the learned AGP. 5.

Having heard both the sides, perused the Application, and for the reasons stated in paragraph nos.2 and 3 of the Application, the Application is allowed in terms of prayer clause 'b', subject to the condition that the Applicants shall not be entitled for the statutory benefits and the interest for the said delayed period. Copy of this order be kept in the order sheet of the Appeal memo. Application stands disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 29/03/2025 10:22:05