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Bombay High CourtCA/185/2025admittedallowedgrantedrule absolute

Sayyad Nazir Sayyad Maqbool v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025-03-17Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:7886 (1) 81-ca-185-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 185 OF 2025 IN FAST/35438/2024 SAYYAD NAZIR SAYYAD MAQBOOL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

...

Mr. I. K. Wagh h/f Mr. More Kumar Gaurav M., Advocate for Applicant.

Mr. V. S. Badakh, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 17th MARCH, 2025.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

By this application, applicant seeks to condone delay of 2059 days caused in filing Appeal.

3.

Perused application, particularly reasons as stated in paragraph nos.4 to 6. The applicant was prevented from approaching this Court in time due to poor financial condition. The applicant is litigating for getting just compensation towards acquired land. In that view of the matter, sufficient cause is made out to condone delay. Considering length of delay, it can be condoned by putting certain conditions. Hence following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 2059 days caused in filing Appeal is hereby condoned subject to condition that applicant shall furnish an undertaking to the Registrar (Judicial) of this Court that he shall

(2) 81-ca-185-2025.odt not claim interest for the delayed period, in case he succeeds in getting enhanced compensation.

c.

Appeal be registered.

(S. G. CHAPALGAONKAR) JUDGE Devendra/March-2025