Balu Yadav Borde And ORS v. The State Of Maharashtra And ANR

936 to 941-CA-1520-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1520 OF 2021 IN FIRST APPEAL STAMP NO. 2168 OF 2021 Baburao Sarjaba Nangurde ... Applicant

Versus

The State of Maharashtra and another ... Respondents AND C.A. NO. 1529 OF 2021 IN FIRST APPEAL (ST) NO.2028 OF 2021 AND C.A. NO. 2293 OF 2021 IN FIRST APPEAL (ST) NO. 2638 OF 2021 AND C.A. NO. 2294 OF 2021 IN FIRST APPEAL (ST) NO. 2640 OF 2021 AND C.A. NO. 2295 OF 2021 IN FIRST APPEAL (ST) NO. 2397 OF 2021 AND C.A. NO. 2296 OF 2021 IN FIRST APPEAL (ST) NO. 2394 OF 2021 ....

Ms S. S. Pahune Patil, Advocate h/f Mr. N. J. Pahune Patil, Advocate for applicants Mr. S. N. Morampalle, Mr. A. B. Chate, Mr. S. S. Dande, Mr. S. N. Kendre, AGPs for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 01st DECEMBER, 2021 PER COURT :- .

Heard.

2.

In spite of service of notice, there is no appearance on behalf of respondent No.2 - Acquiring Body. Learned AGPs object to condone the delay.

(( 2 )) 936 to 941-CA-1520-2021 3.

The appeal is proposed to be filed by the applicants whose land along with house property has been acquired compulsorily. The delay is said to have been occasioned for want of funds.

4.

For the reasons given in the applications, the same are allowed in terms of prayer clause (B), provided that the applicants shall not be entitled for interest for the delayed period of 1502, 1445, 1383, 489, 489 and 1539 days, respectively. 5.

Appeals be registered.

6.

On registration of appeals, issue notice to the respondents, returnable on 19th January, 2022. 7.

Learned AGPs waive service for respondent No.1 in respective matters.

[ R. G. AVACHAT, J. ] SMS