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Bombay High CourtCA/3772/2025admittedallowedgrantedrule absolute

Kondiram Rama Suryawanshi (Died) Thr. Lrs Kusumbai Kondiram Suryawanshi And ORS v. The State Of Maharashtra Through The Collector Latur And ORS

2025-06-09Hon'Ble Shri Justice Shailesh P. Brahme2 pages

130-CA.3772-25 (delay).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 130 CIVIL APPLICATION NO. 3772 OF 2025 IN FAST/5886/2025 KONDIRAM RAMA SURYAWANSHI (DIED) THR. LRS KUSUMBAI KONDIRAM SURYAWANSHI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS ...

Advocate for Applicants : Mr. M. L. Dharashive. AGP for Respondent/s-State : Mr. D. B. Bhange. Advocate for Respondent No.2 : Mr. Dinesh Manwatkar h/f Mr. Sachin S. Randive.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 09.06.2025 PER COURT :- 1.

Heard learned counsel for the applicants, learned AGP for respondent/State and learned counsel for respondent No.2. None appears for respondent No.3.

2.

Applicants pray for condonation of delay of 5349 days in preferring appeal challenging judgment and award dated 26.03.2010 in LAR No.873 of 1997. For the reasons stated in paragraph Nos.2 to 9, the delay needs to be condoned. 3.

Learned counsel for the applicants submits that applicants have not been paid compensation till this date. They

130-CA.3772-25 (delay).odt are ready to forego interest and statutory benefits for the delayed period.

4.

The averments pressed into service for the applicants for condonation of delay have not been controverted. I do not find any malafides on part of the applicants. If the applicants are ready to forego interest and statutory benefits for the delayed period, there is no hurdle in condoning the delay. 5.

Civil application is allowed in terms of prayer clause "B" on condition that applicants shall not be entitled to claim interest and statutory benefits for the delayed period. (SHAILESH P. BRAHME, J.) ...

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