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Bombay High CourtCA/12912/2024admittedallowedgrantedrule absolute

Pundlik Jayram Surwade Died Thr Lrs Chandrabhagabi Pundlik Surwade And ORS v. The Collector, Jalgaon, Thr. Special Land Acquisition Officer, A.T.P.H. And ANR

2026-01-13Hon'Ble Shri Justice Shailesh P. Brahme2 pages

23-CA.12912-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 12912 OF 2024 IN FAST/4703/2024 PUNDLIK JAYRAM SURWADE DIED THR LRS CHANDRABHAGABI PUNDLIK SURWADE AND ORS

VERSUS

THE COLLECTOR, JALGAON, THR. SPECIAL LAND ACQUISITION OFFICER, A.T.P. H. AND ANR ...

Advocate for Applicants : Mr. Jay R. Raundale h/f Mr. More Kumar Gaurav M.

AGP for Respondent/s-State : Mr. S. N. Morampalle. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.01.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to condone delay of 269 days in preferring first appeal. Nobody appears for the contesting respondent though served.

3.

The reasons in the application are not controverted. There is no reason to infer any malafides. The delay stands condoned on condition that applicants shall not be entitled to interest and statutory benefits for the delayed period as well as lapses from 09.02.2024 to 14.07.2025.

4.

Civil application is allowed.

23-CA.12912-24.odt First Appeal 5.

Admit.

6.

Learned AGP waives service of notice for respondent No.1/State Authority.

7.

Call for Record and Proceedings from the concerned Court.

8.

Print is dispensed with.

9.

It is clarified that appellants shall not be entitled to interest and the statutory benefits for the delayed period as well as for the period of lapses.

(SHAILESH P. BRAHME, J.) ...

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