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Bombay High CourtCA/2411/2022admittedallowedgrantedrule absolute

Rukhminbai Ramkrushna Nagargoje And ORS v. The Ex. Engineer, (Local Sector) Minor Irrigation Division And ORS

2025-03-07Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 931 CA-2436-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 2411 OF 2022 IN FAST/41092/2019 RUKHMINBAI RAMKRUSHNA NAGARGOJE AND ORS

VERSUS

THE EX. ENGINEER, (LOCAL SECTOR) MINOR IRRIGATION DIVISION AND ORS ...

Advocate for Applicants : Adv. Laxmi R. Thakur h/f Mr. V. N. Humbe AGP for Respondent/State: Mr. Rajdeep D. Raut ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : MARCH 07, 2025 ORDER:- 1.

The learned A,G.P. waives service of notice for respondent No.1 Acquiring Body.

2.

Heard rival submissions.

3.

The applicants/claimants are seeking condonation of delay of 952 days in filing the appeal, which appears to be caused due to their poor financial condition. 4.

The learned AGP strongly opposed the application on the ground that the delay is not properly explained and it is inordinate.

5.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is

(2) 931 CA-2436-2022.odt allowed and the delay of 952 days in this application stands condoned subject to cost of Rs. 1500/- (Rs. One thousand & Five Hundred) to be deposited with the Registry of this Court for utilization of High Court Dispensary within two weeks and also subject to condition that the applicants shall not claim any interest and statutory benefits for the period of aforesaid delay.

6.

The appeal be placed for admission after removal of office objections, if any, and deposit of cost.

7.

The application is accordingly disposed of .

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni