Mr. Damu Tukaram Arate v. The State Of Maharashtra

by ANANT KRISHNA NAIK Date:

2025.07.21 12:20:26 +0530 43.CA.1.2025.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1 OF 2025 IN FIRST APPEAL (ST) NO. 1420 OF 1999 Mr. Damu Tukaram Arote (Since deceased) through Lrs. & Ors ...Applicants

Versus

The State Of Maharashtra

...Respondent

**** Adv. Bhavana Khemani i/b. Adv. Anil Ahuja for the Applicant Mr. A. R. Patil, Addl. GP for the Respondent-State ****

CORAM

: M. M. SATHAYE, J.

DATED : 18th JULY 2025 P.C.:

1.

This is an Application for condonation of delay by the Claimant in land reference. Delay is of about 127 days.

2.

Learned Counsel for the Applicant points out that in the Appeal at the earlier stage, the Applicant has filed unconditional undertaking in March 2025 stating that in the event claim of enhancement is allowed, the Applicant will not claim statutory interest for the period between 04/09/2001 till 11/03/2025 because the First Appeal was rejected on 04/09/2001 until its restoration.

3.

Considering the extent of delay, the undertaking given as well as the averments in the Application, sufficient cause is made out. akn 1/2

43.CA.1.2025.doc 4.

The Interim Application is allowed. Delay is condoned, subject to the undertaking recorded.

(M. M. SATHAYE, J.) akn 2/2