Sharnappa Bhimrao Tirth v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2024:BHC-AUG:12420 (1) 52ca1611.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 CIVIL APPLICATION NO. 1611 OF 2024 IN FAST/3177/2024 AND CIVIL APPLICATION NO. 1612 OF 2024 IN FAST/3272/2024 SHARNAPPA BHIMRAO TIRTH ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS.

.....Respondents Mr. A. V. Patil, Advocate for the applicant Mr. A. M. Phule, AGP for the respondents/State CORAM :

KISHORE C. SANT, J.

DATE :

26th JUNE, 2024 P. C.

1.

This application is for condonation of delay of 2701 days caused in filing the appeal.

2.

He submits that acquiring body has already preferred an appeal challenging the same impugned judgment and award. Said appeal is pending in this court.

3.

Learned AGP accepts the position.

(2) 52ca1611.24 4.

Since the appeal is already filed which is pending in this court, this court is inclined to allow the application. 5.

In view of above, the application stands allowed. Delay stands condoned.

6.

Office to register the appeal.

7.

Needless to say that the applicants shall not be entitled to receive any interest on enhanced amount of compensation for delayed period.

8.

Both the appeals are admitted.

9.

Present appeals to be heard alongwith FA Nos.7154/2021 & 7276/2021.

[KISHORE C. SANT, J.] VishalK/52ca1611.24