Kalim Maula Shaikh And Anr vs The State Of Maharashtra And Anr
2024 Latest Caselaw 1236 Bom

Bombay High Court

Kalim Maula Shaikh And Anr vs The State Of Maharashtra And Anr on 17 January, 2024

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                                                            ca1777.22.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD

                 923 CIVIL APPLICATION NO. 1777 OF 2022
                            IN FAST/23868/2019


Kalim Maula Shaikh & another                               ....Applicants
     VERSUS
The State Of Maharashtra & another                         .....Respondents
     .....
Mr. D. V. Jadhav, Advocate holding for Mr. R. V. Naiknavare, Advocate for
Applicants
Mr. D. B. Bhange, AGP for the State.
                                 CORAM : R. M. JOSHI, J.

DATE : 17th JANUARY, 2024.

PER COURT :

1. This is an application for condonation of delay of 2795

days in preferring appeal against the judgment and award 29 th

December, 2003 passed in LAR No. 910/2006. It is the contention

of applicants that they are agriculturists and had no alternate source

of income except for the land in question. It is also claimed that on

account of drought situation in Latur district and since work was not

available they had to shift to Hyderabad for their survival. Due to

this reason they were not in a position to be in contact with their

lawyer. For all these reasons, delay is caused in preferring appeal.

Learned AGP opposed the application.

ca1777.22.odt

2. This is a case of compulsory acquisition. Applicants

have cited sufficient reasons for not preferring the appeal in time.

Even otherwise, they would not have gained anything by not

preferring the appeal in time. By denying interest for the period of

delay, an opportunity needs to be given to the applicants to contest

the judgment and award impugned. Hence, application is allowed in

terms of prayer clause 'B'. Applicants would not be entitled to seek

any interest for the aforestated period if they succeed in the appeal.

( R. M. JOSHI) Judge dyb