Dhulji Aarkya Gavit (Died) Thr Lrs. Saiyyad Dhulji Gavit v. Collector Nandurbar Through Sub Divisional Officer, Nandurbar Div., Nandurbar And ANR

2025:BHC-AUG:19400 932-CA-753-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 753 OF 2024 IN FAST/39787/2023 Dhulji Aarkya Gavit (died) Thr Lrs. Saiyyad Dhulji Gavit

VERSUS

Collector Nandurbar Through Sub Divisional Officer, Nandurbar Div., Nandurbar And Anr *** • Mr. Firoj Shirpurkar a/w Mr. Jay Raundale h/f Mr. K. M. More, Advocate for the Applicants • Ms. R. R. Tandale, AGP for the Respondents/State *** CORAM : R. M. JOSHI, J DATE : JULY 23, 2025 PER COURT :

1.

This Application is filed for condonation of delay of 2732 days caused in preferring Appeal against judgment and order passed by the Reference Court. 2.

It is the case of the Applicant that on account of financial crisis and for want of legal knowledge, the proceedings were not filed within limitation.

3.

Learned Counsel for the Applicant, on instructions, records statement that the Applicant would not claim any interest on the enhanced amount Umesh

932-CA-753-2024.odt from the date of order till the registration of the First Appeal. The said statement is accepted as an undertaking to this Court.

4.

Perusal of the Application indicates that the delay has been satisfactorily explained. Further more, the undertaking given by the Counsel for Applicant of not claiming the interest on the enhanced amount takes care of the grievance of the Respondent. Hence, Application stand allowed. Delay stands condoned. Appeal be registered.

5.

It is clarified that Applicant shall not be entitled to claim any interest from the date of the impugned order till the registration of the First Appeals.

(R. M. JOSHI, J.) Umesh