Bhimsing Parashram Patil v. The Special Land Acquisition Oficer, U.T.P.H. No. 2, Jalgaon.

2025:BHC-AUG:14887 1 957 ca 1656.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1656 OF 2025 IN FIRST APPEAL STAMP NO. 35400 OF 2024 Bhimsing Parashram Patil .. Applicant

Versus

The Special Land Acquisition Officer UTPH No. 2, Jalgaon another .. Respondents Shri Vinayak Dahihande, Advocate h/f Shri Ajeet B. Kale, Advocate for the Applicants.

Shri B. A. Shinde, A.G.P. for the Respondent No. 1. Shri V. V. Tarde, Advocate for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 12TH JUNE, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant is praying for condonation of delay of 2559 days for questioning judgment and award dated 19.09.2017 passed in L.A.R. No. 539 of 2006 by the 04th Joint Civil Judge Senior Division, Jalgaon.

3.

It is contended that for the reasons stated in para Nos. 2 to 4 of the application, delay caused in preferring appeal is liable to be condoned. It is further contended that applicant is not being unduly benefited by causing delay.

2 957 ca 1656.25 4.

Submissions of the applicant are opposed by the respondents.

5.

I have gone through the contents of para Nos. 2 to 4 of the application, which are not controverted by the respondents. There is no reason to infer any malafides on the part of the applicant. Applicant is ready to forego interest and statutory benefit for the delayed period. For the reasons stated in the application, it is desirable to condone the delay. 6.

The civil application is allowed in terms of prayer clause 'B' on condition that the applicant shall not be entitled for interest and statutory benefits for the delayed period. The delay is condoned. The civil application is disposed of. Office is directed to register the first appeal.

[ SHAILESH P. BRAHME J. ] bsb/June 25