Bombay High CourtCAF/29/2025disposed off

Santu Dada Barkale v. The State Of Maharashtra Thr. The Special Land Acquisition Officer

2025-07-18Hon'Ble Shri Justice M. M. Sathaye3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

(12) CIVIL APPLICATION NO. 32 OF 2025 IN FIRST APPEAL(ST) NO. 1371 OF 1999 Mr. Keru Raoji Jadhav (since Deceased) Thr. His Lrs. & Ors.

...Applicants

Versus

The State Of Maharashtra Thr. The Special Land Acquisition Officer

...Respondents

AND

(36) CIVIL APPLICATION NO. 28 OF 2025 IN FIRST APPEAL(ST) NO. 1421 OF 1999 Nivrutti Genu Arote (since Deceased) Thr. His Lrs. & Ors.

...Applicant

Versus

The State Of Maharashtra Thr. The Special Land Acquisition Officer

...Respondent

AND

(37) CIVIL APPLICATION NO. 29 OF 2025 IN FIRST APPEAL (ST) NO. 1424 OF 1999 Santu Dada Barkale (Since deceased) through Lrs. & Ors ...Applicants

Versus

The State Of Maharashtra Thr. The Special Land Acquisition Officer

...Respondent

AND

(38) CIVIL APPLICATION NO. 31 OF 2025 IN FIRST APPEAL(ST) NO. 1431 OF 1999 Pandharinath Dagdu Barkale (Since deceased) through Lrs. & Ors ...Applicants

Versus

The State Of Maharashtra Thr. The Special Land Acquisition Officer

...Respondent

1/3

AND

(39) CIVIL APPLICATION NO. 33 OF 2025 IN FIRST APPEAL (ST) NO. 1374 OF 1999 Mr. Parashram Sawaliram Bendkule (Since deceased) through Lrs. & Ors ...Applicants

Versus

The State Of Maharashtra Thr. The Special Land Acquisition Officer

...Respondent

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

CORAM

: M. M. SATHAYE, J.

DATED : 18th JULY 2025 P.C.:

1.

These Applications are for condonation of delay by the Claimant/s in land reference. In all these Applications, delay is of about 127 days. 2.

Learned Counsel for the Applicants points out that in all these Appeals at the earlier stage, the Applicants filed unconditional undertaking dated 24/07/2013 stating that in the event claim of enhancement is allowed, the Applicants will not claim statutory interest for the period between 26/09/2001 till 02/08/2013 because the First Appeals were rejected on 26/09/2001 until their restoration.

3.

Considering the extent of delay, the undertakings given as well as the averments in the Application, sufficient cause is made out. 2/3

4.

All the Interim Applications are allowed. Delay is condoned, subject to the undertaking recorded.

(M. M. SATHAYE, J.) 3/3