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Bombay High CourtFA/255/2025disposed off

Somaning Dhanappa Duggani (Deceased) Through His L.R N039s 1a. Smt. Indrabai Somning Duggani And Or v. The Special Land Acquisition Officer No.9 Sangli And ORS.

2025-07-21Hon'Ble Shri Justice M. M. Sathaye1 pages

11-FA-255-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 255 OF 2025 Somaning Dhanappa Duggani (deceased) Through His L.Rs 1a. Smt. Indrabai Somaning Duggani And Ors ...Appellants

Versus

The Special Land Acquisition Officer No.9 Sangli And Ors.

...Respondents

**** Mr. Tejpal Ingale a/w Ms. Vrunali Vilankar for the Appellants. Mr. A.R. Patil, Addl. G.P. for Respondent Nos. 1 and 2/State. **** CORAM :

M.M. SATHAYE, J.

DATE :

21st JULY, 2025 P.C. :

1.

Learned Counsel for the Appellants submits that similar to the course adopted by this Court, in First Appeal No. 572 of 2021, the Appellants are ready to file undertaking that they will not claim interest under Section 28 of the Land Acquisition Act, 1894 from the date of impugned Judgment and Award of the Reference Court (April 2012 till filing of the Appeal i.e. September 2018). He relies on order dated 08.12.2021 passed in First Appeal No. 572 of 2021.

2.

Learned Additional Government Pleader submits that even this application for delay condonation was pending since 2018 till 2025 and the State should not be saddled with interest for this period also. He submits that there are judgments/orders to support his contention. 3.

Stand over to 28.07.2025 for filing of undertaking as indicated above and for further consideration.

(M.M. SATHAYE, J.) Sneha Chavan 1/1