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Bombay High CourtCAF/2784/2023delay condonatedrejected

Keshao S/O Sitaram Patil (Dead) Thr. Lrs. Jijabai Keshavrao Patil And Others v. The State Of Maharashtra, Through District Collector, Buldhana And Others

2023-10-11Hon'Ble Shri Justice G. A. Sanap2 pages

2023:BHC-NAG:15096 1 12.caf.2784.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2784 OF 2023 IN FIRST APPEAL (St.) NO. 7524 OF 2023 Keshao S/o. Sitaram Patil (dead) through LR's and others VS.

The State of Maharashtra and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr P. R. Patel, Adv. h/f. Mr R. P. Masurkar, Advocate for the appellants Ms Prachi Joshi, AGP for the State/respondent Nos.1 and 2 CORAM :

G.A. SANAP, J.

DATE :

OCTOBER 11, 2023.

Heard.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2 /State.

4.

This is an application for condonation of 1763 days delay caused in filing appeal against impugned judgment and award dated 29.03.2016 passed by learned Civil Judge Senior Division, Malkapur in Land Acquisition Case No. 03 of 2016. The reasons have been stated in the application.

5.

In view of the reasons stated in the application, the application is allowed.

2 12.caf.2784.2023 6.

The delay of 1763 days stands condoned.

7.

However, it is made clear that appellants shall not be entitled to get the interest or any other statutory benefit for this delayed period.

8.

The appeal be registered.

9.

The Civil Application stands disposed of, accordingly.

F IRST APPEAL (ST. ) NO.

OF 202 10.

Heard.

11.

ADMIT.

12.

Issue notice to the respondents.

13.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.

14.

Call for record and proceedings.

15.

Paper book be filed within twelve weeks from the date of receipt of record and proceedings. If not filed, the matter shall stand dismissed without further reference to the Court.

(G. A. SANAP, J.) Namrata