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Bombay High CourtCA/4079/2025admittedallowedgrantedrule absolute

Syed Yosuffudin Syed Bhahoddin And ORS v. The State Of Maharashtra Through The Collector Beed And ANR

2025-04-25Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

2025:BHC-AUG:12246 (1) 38-ca-4079-2025-delay.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4079 OF 2025 IN FAST/10743/2025 SYED YOSUFFUDIN SYED BHAHODDIN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR ...

Mr. Pramod A. Pisal, Advocate for Applicants. Mr. S. P. Joshi, 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, applicants seek to condone delay of 2980 days caused in filing Appeal.

3.

Perused application and reasons as stated therein. The applicants are litigating for getting just compensation towards acquired land. The learned Advocate appearing for applicants 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 applicants file an undertaking to the satisfaction of Registrar (Judicial) of this Court that they shall not claim interest and statutory benefits for the delayed period. Such an undertaking to be filed within a period of ten weeks from today and shall be made part of Appeal compilation. (S. G. CHAPALGAONKAR) JUDGE Devendra/April-2025 2025 INSC 550.