← Library
Bombay High CourtCAF/1111/2018disposed off

The State Of Maharashtra.(Thr.Special Land Acquisition Officer,Solapur And ANR. v. Dr.Kanhaiyalal Balkisan Chandak.Deceased,Thr.Lrs.1a)Shailesh Kanhaiyalal Chandak And ORS.

2019-08-20Hon'Ble Shri Justice K.K. Tated2 pages

48. caf 1111.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1111 OF 2018 IN FIRST APPEAL STAMP NO. 15406 OF 2017 The State of Maharashtra and anr.

.. Applicants Vs.

Dr.Kanhaiyalal Balkisan Chandak since deceased thru. Legal heirs 1A. Shri Shailesh Kanhaiyalal Chandak and ors. .. Respondents Ms.Tanaya Goswami, AGP for State.

CORAM : K.K.TATED, J.

DATE : 20th AUGUST, 2019 P.C. :

.

Heard learned Counsel for applicants.

2.

By this Civil Application, applicants are seeking condonation of 1 year and 166 days delay in filing First Appeal challenging Judgment and Award dated 24/08/2015 passed by Joint Civil Judge, Senior Division, Solapur in Land Acquisition Reference No. 42 of 1999 holding that the respondents - 1/2

48. caf 1111.18.doc original claimants are entitled additional compensation of Rs.1,28,633/- in respect of acquired land.

3.

Considering the submissions made by learned AGP for the applicants and averments made in Civil Application, I am satisfied that applicants have made out a case for allowing Civil Application. Hence following order.

O R D E R

i) Civil Application is allowed in terms of prayer clause (b) which reads thus :

"(b) this Hon'ble Court be pleased to condone the delay of 1 year and 166 days in filing the above mentioned First Appeal against the Judgment and Award dated 24.08.2015 passed by the Learned Joint Civil Judge, Senior Division, Solapur at Solapur, in L.A.R. No. 42 of 1999." ii) Civil Application is disposed of accordingly. iii) No order as to costs.

(K.K.TATED, J.) 2/2