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Bombay High CourtCA/432/2025admittedallowedgrantedrule absolute

Uttambuwa Bhujangbuva Bharti (Died) Thr. Lrs Bhagirathibai Uttambuwa Bharti And ORS v. The State Of Maharashtra,Through The Collector Beed And ANR

2025-04-23Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

{1} 69 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 432 OF 2025 IN FAST/34697/2024 Uttambuwa Bhujangbuva Bharti (died) Thr. LRs Bhagirathibai Uttambuwa Bharti And Ors ....Applicant

VERSUS

The State Of Maharashtra,through The Collector Beed And Anr .....Respondent .....

Advocate for Applicant : Mr. Jayabhar Dattatraya R. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 23rd APRIL, 2025.

ORDER :- 1.

Learned advocate for applicant seeks to condone delay of 2386 days caused in filing appeal against the judgment and award passed by Reference Court. The applicants are original claimants. They lost their agricultural land due to compulsory acquisition. They approached the Reference Court, who partly allowed their claim. Acquiring Body has challenged aforesaid award before this court. Applicants are seeking enhancement of compensation. Therefore, they have moved present application.

2.

Perused the reasons stated in the application. Delay has occasioned on account of financial difficulties faced by applicants and COVID 19 situation. Similarly, original claimant expired on 4.4.2024. Looking to the aforesaid reasons and fact that trial court has also challenged impugned judgment and award, there is no impediment in condoning the delay, subject to certain conditions.

{2} 69 sr.no..odt 3.

In the result, application is allowed. Delay of 2386 days caused in filing appeal is condoned. Appeal be registered subject to removal of office objections.

[S.G. CHAPALGAONKAR, J] grt/-