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Bombay High CourtCA/10517/2021delay condonatedrejected

Sarubai Dhanaji Patil (Died) Thr Lrs Bhagwan And ORS v. The Special Land Acquisition Officer - (1) U.T.P.H. Jalgaon And ANR

2022-09-15Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca10517.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10517 OF 2021 IN FIRST APPEAL ST. NO. 37734 OF 2019 Late Sarubai Dhanaji Patil, through L.Rs.

Applicants

Versus

The Special Land Acquisition Offcer and another Respondents Ms. Kirti A. Deshpande, advocate holding for Mr. M. M. Bhokarikar, advocate for the Applicants Mr. P. N. Kutti, AGP for Respondent No.1.

Mr. Subhash Chillarge, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE J.

DATE : 15th September, 2022.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of 123 days, which appears to be caused due to their poor fnancial condition.

The learned AGP for Respondent No.1 and learned Counel for Respondent No.2 strongly opposed the application on the ground that the delay is not properly explained. However, considering the statutory right of the applicants and for the reasons mentioned in the application, the

{2} ca10517.21.odt delay of 123 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay.

The appeal be placed for admission after removal of offce objections, if any.

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb