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Bombay High CourtCAF/2483/2016allowed

The State Of Maharashtra Through The Special Land Acquisition Officer,Minor Irrigation Division And v. Shri. Hari Keru Chavan And ORS.

2023-02-08Hon'Ble Shri Justice Amit Borkar2 pages

9-caf2483-2016 in fast19977-2013.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2483 OF 2016 IN FIRST APPEAL (ST.) NO.19977 OF 2013 WITH CIVIL APPLICATION NO.2484 OF 2016 IN FIRST APPEAL (ST.) NO.19977 OF 2013 Digitally signed by ATUL GANESH KULKARNI Date:

2023.02.09 10:57:34 +0530 ATUL GANESH KULKARNI The State of Maharashtra, through the Special Land Acquisition Officer, Minor Irrigation Department & Ors.

... Applicants V/s.

Hari Keru Chavan & Ors.

... Respondents WITH INTERIM APPLICATION NO.3537 OF 2020 IN FIRST APPEAL (ST.) NO.19977 OF 2013 Hari Keru Chavan, since deceased through L.R.s Savitribai Hari Chavan, deceased L.R.s & Ors.

... Applicants V/s.

The State of Maharashtra, through the Special Land Acquisition Officer, Minor Irrigation Department & Ors.

... Respondents Ms. Tanaya Goswami, AGP for the State.

Mr. Sachin Gite for the respondent Nos.2 to 8. CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 8, 2023 P.C.:

9-caf2483-2016 in fast19977-2013.doc CIVIL APPLICATION NO.2483 OF 2016:

1.

The applicants have filed present civil application seeking condonation of delay in filing the first appeal. 2.

Considering the reasons stated in paragraph 2, the delay in filing the first appeal deserves to be condoned. 3.

The civil application is made absolute in terms of prayer clause (b). No costs.

INTERIM APPLICATION NO.3537 OF 2020:

4.

Learned advocate for the applicant fairly states that the reference Court has already allowed applicants to withdraw 80% of the amount of compensation.

5.

Learned advocate for the applicants, therefore, seeks permission to withdraw the interim application. 6.

The interim application is, therefore, dismissed as withdrawn. No costs.

FIRST APPEAL (ST.) NO.19977 OF 2013:

7.

Arguable questions are raised. Admit.

8.

Appellants to file private paper-book within one (1) year from today, failing which the first appeal shall stand dismissed without further reference to the Court.

(AMIT BORKAR, J.)