Pusaram Pilaji Kawade (Died) Thr. Lrs Satyabhamabai Pusaram Kawade And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025:BHC-AUG:12644 ca 356.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 60 CIVIL APPLICATION NO. 356 OF 2025 IN FAST/35102/2024 Pusaram Pilaji Kawade (died) Thr. Lrs Satyabhamabai Pusaram Kawade And Ors

VERSUS

The State Of Maharashtra Through The Collector Jalna And Ors.

...

Advocate for Applicant : Mr. Jadhav Kailas B AGP for Respondents: Mr. D B Bhange Advocate for Respondent 3 : R.D. Reddy ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 28, 2025 PER COURT :- 1.

Heard Mr. Jadhav, learned advocate appearing for the applicants.

2.

The applicant seeks to condone the delay of 5356 days caused in filling the appeal.

3.

Learned advocate bring to the notice of this court the order passed in sister appeal, whereby similar days delay is condoned by putting certain conditions. The applicant is litigating for just compensation towards land acquired by the respondents.

4.

The delay is occasioned on account of lack of knowledge as to legal proceeding and financial duress.

ca 356.25.odt 5.

In that view of the matter, in light of the law laid down by the Supreme Court of India in case of Suresh Kumar Vs. State of Haryana and others with connected appeals (arising out of SLP © No.670 0f 2020), application is allowed subject to condition that applicant files an undertaking to the satisfaction of the Registrar Judicial of this Court that the applicants shall not claim interest and statutory benefit for the delayed period, in case their appeal for enhancement of compensation is favourably considered. Undertaking to be filed within a period of eight (8) weeks from today, which shall be made part of the first appeal.

6.

Appeal be registered subject to removal of office objections. CA stands disposed of.

( S. G. CHAPALGAONKAR, J. ) ...

aaa-