Bhaskar Sakharam Thakur v. Raisuddin Khan Haji Usman Khan And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1949 OF 2019 IN FIRST APPEAL ST. NO. 895 OF 2019 Bhaskar Sakharam Thakur Applicant

Versus

Raisuddin Khan Haji Usman Khan & another Respondents Mr. G. S. Rane, Advocate for the applicant.

CORAM : R. M. JOSHI, J.

DATE :9th DECEMBER, 2022.

PER COURT :

1.

Heard learned advocate for the applicant. None appears for respondents.

2.

It is pointed out that the right arm of the applicant is amputed from elbow. He further submitted that only after deposit of amount of compensation and withdrawal thereof, he could arrange the money for preferring this appeal. This contention of applicant is not opposed by respondents. This Court, therefore, has no reason to disbelieve the same. There appears no intentional delay on the part

- 2 - ca1949.19.odt of the applicant in preferring the appeal. Even otherwise, he would not be gaining anything out of that. Hence the order :

ORDER

i) Application stands allowed.

ii) Delay of 342 days caused in preferring appeal stands condoned.

iii) Appeal be registered.

iv) Applicant is not entitled to receive any amount of interest on enhanced compensation upto the date of filing of appeal, if he succeeds in the appeal. v) Civil application stands disposed of.

( R. M. JOSHI) Judge dyb