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Bombay High CourtCA/5397/2024admittedallowedgrantedrule absolute

Maroti Bhagwan Rathod v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025-04-25Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:12368 (1) 18-ca-5397-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5397 OF 2024 IN FAST/6576/2024 MAROTI BHAGWAN RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

...

Mr. Vitthal Dnyanoba Bhise, Advocate for Applicant. Mr. V. S. Badakh, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 25th APRIL, 2025.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

By this application, applicant seeks to condone delay of 5572 days caused in filing Appeal.

3.

Perused application and reasons as stated therein. The applicant is litigating for getting just compensation towards acquired land. The learned Advocate appearing for applicant submits that they are ready to waive interest and statutory benefit for delayed period.

4.

Considering submissions advanced and law laid down by Supreme Court of India in case of Suresh Kumar Vs. State of Haryana and Ors.1, delay is condoned and appeal be registered subject to condition that applicant files an undertaking to the satisfaction of Registrar (Judicial) of this Court that he shall not claim interest and statutory benefits for the delayed period. Such 2025 INSC 550.

(2) 18-ca-5397-2024.odt an undertaking to be filed within a period of ten weeks from today and shall be made part of Appeal compilation. 5.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/April-2025