Sarfaraj Kha S/O Hafijulla Kha And Others v. State Of Maharashtra Through Collector, Buldhana And 2 Others

45.F.A.ST.14851.2019.

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2844 of 2019 IN First Appeal Stamp No.14851 of 2019 Sarfaraj Kha S/o Hafijulla Kha & Ors. Vs. State of Maharashtra through Collector, Buldhana & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.N. Nandeshwar, Advocate for the Appellants. Ms. T.H. Udeshi, AGP for Respondent Nos.1 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 14 th JANUARY, 2021.

The applicant herein has sought to condone the delay of 1592 days in filing the appeal against the judgment and decree dated 09/12/2014 passed by the Reference Court in L.A.C. No.177/2006. One of the grounds raised in the application is that they did not have sufficient money to pay the court fee. The matter arises from the land acquisition proceedings. The applicants are agriculturists from rural area. They have not been negligent but were prevented from filing appeal within time due to financial constraints. The reasons stated in the application, in my considered view constitute sufficient cause to condone the delay.

Hence, application is allowed. Delay is condoned subject to the condition that the applicants will not be entitled for any interest for the delayed period i.e. 1592 days from the date of the impugned judgment till the date of the application.

The delay condonation application stands disposed of in above terms.

45.F.A.ST.14851.2019.

2/2 Appeal be registered subject to removal of office objections, if any.

First Appeal Stamp No.14851 of 2019 Ms. T.H. Udeshi, learned AGP waives service of notice on behalf of respondent Nos.1 and 3.

The matter be listed for admission after four weeks. (SMT. ANUJA PRABHUDESSAI, J.) vijay