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Bombay High CourtIA/13831/2024disposed off

State Of Maharashtra Through The Special Land Acquisition Officer v. Shri Madhukar Goma Patil And ORS.

2024-11-29Hon'Ble Justice Shri Arif S. Doctor3 pages

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 11291 OF 2021 WITH CROSS OBJECTION (ST) NO. 30548 OF 2024 IN FIRST APPEAL (ST) NO. 11291 OF 2021 WITH INTERIM APPLICATION NO. 2852 OF 2021 IN FIRST APPEAL (ST) NO. 11291 OF 2021 WITH INTERIM APPLICATION NO. 13831 OF 2024 IN FIRST APPEAL (ST) NO. 11291 OF 2021 WITH INTERIM APPLICATION NO. 2853 OF 2021 IN FIRST APPEAL (ST) NO. 11291 OF 2021 SHEPHALI SANJAY MORMARE The State of Maharashtra Through The Special Land ...Appellant Acquisition Officer, Raigad SHEPHALI SANJAY MORMARE Date: 2024.11.30 09:31:10 +0530

Versus

Madhukar Goma Patil & Ors

...Respondents

Mr AR Patil, Addl. GP, for the Appellant-State. Mr Harshad Sathe, for the Respondents.

CORAM:

ARIF S. DOCTOR, J DATED:

29th November 2024 PC:- INTERIM APPLICATION NO. 2852 OF 2021:

1.

This Interim Application is filed for condonation of delay in filing of the captioned First Appeal. Since, Learned Counsel for the Respondents has fairly not opposed the Interim Application, the same is allowed in terms of prayer clause (b), which reads as follows: "(b) this Hon'ble Court be pleased to condone the delay of 1 yr & 36 days in filing the abovementioned First Appeal against the Judgment and Award dated 05.07.2019 passed by the Learned Joint Civil Judge Senior Division, Panvel in LA.A.R. No. 434 of 2016.

2.

The Interim Application is disposed of.

INTERIM APPLICATION NO. 13831 OF 2024:

3.

This Interim Application is filed by the Applicant (State) for bringing on record the legal heirs of Respondent No. 4. This application is not opposed the Interim Application. The Interim Application is, therefore, allowed in terms of prayer clause (b), which reads as follows: "(b) that this Hon'ble Court be pleased to condone the delay of 3 years, 8 months 23 days in preferring abovementioned Interim Application for bringing legal heirs on record of deceased Respondent No. 4."

4.

Amendment to be carried out on or before 13th December 2024. 5.

The Interim Application is disposed of in the above terms. FIRST APPEAL (ST) NO. 11291 OF 2021:

6.

List the First Appeal for admission on 20th December 2024 along with the cross-Appeal filed by the Respondent. (ARIF S. DOCTOR, J)