Bombay High Court
SARDARSINGH NATTHESINGH GIRASE DEAD, THROUGH LEGAL REPR. CHANDRASINGH AND ANR.versusDEPUTY COLLECTOR SPECIAL LAND ACQUISITION OFFICER, AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the civil application, condoning the delay in filing the first appeal.
Summary
The deceased Sardarsingh Natthesingh Girase's legal representatives filed a civil application against the Deputy Collector and others. The claimants delayed filing the first appeal by 1,359 days, but the delay was explained in the application. The court examined whether the delay could be condoned. Finding the explanation satisfactory, the court allowed the civil application as per Prayer Clause B. Consequently, the application was disposed in favor of the claimants.
Issues considered
- Whether a delay of 1,359 days in filing the first appeal can be condoned
- Whether the civil application should be allowed despite the delay
Subjects
- delay
- first appeal
- condonation
- civil application
- land acquisition
Judgment
2026:BHC-AUG:41405
1 967-CA-7133-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
967 CIVIL APPLICATION NO. 7133 OF 2026
IN FAST/13395/2026
Sardarsingh Natthesingh Girase Dead, Through Legal Repr. Chandrasingh
And Anr.
VERSUS
Deputy Collector Special Land Acquisition Officer And Ors.
...
Adv.M.S. Andhare h/f Mr.Kale Ajeet B. for the Applicants.
Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. There is a delay of 1359 days in filing the First Appeal by the
Claimant. The delay has been satisfactorily explained in Paragraph Nos.2
and 3 of the Civil Application. The learned Addl. G.P. appears for
Respondent Nos.1 and 3. Respondent No. 2 has been duly served,
however, none appears for Respondent No. 2.
2. In view of the above, the Civil Application is allowed in terms
of Prayer Clause [B] and stands disposed of accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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