The State Of Maharashtra Thr. The Collector, Dy. Collector (Land Acquistion) v. Bebibai Rama Mundkar And ORS.

19-IA-14015-2024 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14015 OF 2024 IN FIRST APPEAL(ST) NO. 28961 OF 2024 The State Of Maharashtra Thr. The Collector, Dy. Collector (land Acquistion) ...Applicant

Versus

Bebibai Rama Mundkar And Ors.

...Respondents

__________ Adv. A.R. Patil, Addl. Government Pleader for the Applicant. Adv. Deepa S. Punde i/b Sachin S. Punde for respondents. __________ CORAM :

ADVAIT M. SETHNA, J.

DATE :

16 DECEMBER 2024 P.C.:

1.

Heard the learned counsel for the parties.

2.

At the very outset, learned counsel for the respondents informs this Court that Respondent No. 1 has passed away and the legal heirs of such respondents have been brought on record.

3.

The learned AGP would take necessary steps pursuant to such fact. Leave to amend. Amendment be carried out within a period of two weeks.

4.

This is an application filed for condonation of delay of a period of 298 days in filing the First Appeal against the impugned Judgment and Award Mayur Adane, PA

19-IA-14015-2024 (C).DOC dated 15 July 2023 passed by the learned Civil Judge, Senior Division, AlibagRaigad in L.A.R. No. 446 of 2016. 5.

With the assistance of the learned counsel for the parties perused the application for condonation of such delay. Attention of the Court is specifically invited to paragraph No. 3 which sets out the list of dates and the averments thereafter which justify such delay in filing of the said First Appeal. 6.

The learned counsel for the respondent fairly states that she does not seriously object to such application for condonation of delay. Accordingly, in the interest of justice sufficient cause being made out, the delay of 298 days in filing the above First Appeal is allowed in terms of prayer clause (b). 7.

Subject to removal of office objections, the appeal be registered and listed on 17 January 2025 under the caption for due admission. (ADVAIT M. SETHNA, J.) Mayur Adane, PA