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Bombay High CourtCA/6835/2017delay condonatedrejected

Madhav Nagnath Rayewar v. The State Of Maharashtra And ANR

2021-11-16Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.6833/2017 with connected C.As.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6833 OF 2017 IN FIRST APPEAL ST. NO.3953 OF 2017 Vithal s/o Pundaji Nagargoje ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. H.B. Nandagavale, Advocate for applicant Mr. S.S. Dande, A.G.P. for respondent No.1.

.......

AND CA NO.6834/2017 IN FA ST. NO.4075/2017, CA NO.6835/2017 IN FA ST. NO.4064/2017, CA NO.6836/2017 IN FA ST. NO.4084/2017, CA NO.6837/2017 IN FA ST. NO.4093/2017, CA NO.6838/2017 IN FA ST. NO.4053/2017, CA NO.6839/2017 IN FA ST. NO.4057/2017, CA NO.6840/2017 IN FA ST. NO.4087/2017, CA NO.6841/2017 IN FA ST. NO.4089/2017 . . . . .

CORAM :

R. G. AVACHAT, J.

DATE :

16th NOVEMBER, 2021 PER COURT :

In spite of service of notice, there is no appearance on behalf of respondent No.2, the acquiring body. The applicants herein are the original claimants in land reference matters. They have filed appeals for enhancement of

C.A. No.6833/2017 with connected C.As.

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compensation. It is informed that, in connected matter, delay has already been condoned. In view of the same, the applications are allowed in terms of prayer clause (B). Delay condoned. Appeals be registered. However, the appellants shall not be entitled for component of interest for the delayed period of 1817 days if the appellants succeed in the appeals. It also appears that, the applications were filed in February 2017. However, the same were circulated for the first time in September 2021. In view of the same, the appellants shall also not be entitled for the component of interest for the period of delay from February 2017 to September 2021. Learned counsel for the appellant shall point out this order to the Court at the time of hearing the appeals finally.

2.

On registration of appeals, notice be issued to respondents returnable on 11th January 2022. Learned A.G.P. waives service for respondent No.1 State.

3.

Call for record and proceedings.

( R. G. AVACHAT ) JUDGE fmp/-