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Bombay High CourtCA/6348/2022admittedallowedgrantedrule absolute

Shivaji Laxman Pawar And ORS v. The State Of Maharashtra And ORS

2025-03-24Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:9047 33-CA-6348-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 6348 OF 2022 IN FAST/37997/2019 Shivaji Laxman Pawar and Ors.

....Applicants

VERSUS

The State of Maharashtra and Ors.

.....Respondents .....

Mr. Hajare Abhishek M., Advocate for Applicants Mr. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

24.03.2025 PER COURT :

1.

This is an Application fled by the Claimants for condonation of 2059 days delay caused in preferring the Appeal against the Judgment and Award passed by the learned Reference Court in Land Acquisition Proceedings.

2.

None for Respondent No.3 though served.

3.

Heard the learned Advocate for the Applicants and learned A.G.P for Respondent Nos.1 and 2.

4.

It is brought to the notice of this Court that, this Court, in connected matters has condoned the delay by orders dated 27/07/2022 and 24/02/2023, in Civil Application Nos.8872/2019 and Civil Application No.4197/2020, respectively. The copies of the said orders are tendered across the bar.

33-CA-6348-2022.odt 5.

On hearing the learned Advocate for the Applicants, learned A.G.P for Respondent Nos.1 and 2 and for the reasons mentioned 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 - Appellants shall not be entitled for the statutory benefts and the interest for the aforesaid delayed period. Appeal be registered. The copy of this order be kept in the order sheet of the Appeal memo.

6.

Civil Application stands disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/March-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 27/03/2025 16:15:53