Govind Rohidas Ghule v. Manik Gampubuwa Giri And ANR

(1) 962 CA-2618.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 2618 OF 2025 IN X-OBJST/4120/2025 WITH FIRST APPEAL NO. 1258 OF 2017 GOVIND ROHIDAS GHULE

VERSUS

MANIK GAMPUBUWA GIRI AND ANOTHER ...

Mr. S.R. Bagal, Advocate for the applicant.

Mr. P.S. Agrawal, Advocate for respondent No.1. Mr. M.J. Sharma, Advocate holding for Mr. Mohit Deshmukh, Advocate for respondent No.2.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

4 MARCH 2025.

ORDER:- 1.

Heard rival submissions.

2.

The applicant/claimant is seeking condonation of delay of 1979 days in filing cross objections.

3.

The respective learned Counsel for the respondents strongly opposed the application on the ground that delay is inordinate.

4.

However, in the instant matter, appeal filed by the owner is already pending since 2017 and therefore, considering the statutory right of the claimant, the application stands allowed in terms of prayer clause (B) subject to condition that the

(2) 962 CA-2618.2025.odt applicant / claimant shall not be entitled for any interest for the period of aforesaid delay on the enhanced compensation, if granted.

5.

Cross objection be registered.

6.

Civil Application No. 2618 of 2025 is disposed of. 7.

List the first appeal for final hearing on 03.04.2025. (SANDIPKUMAR C. MORE, J.) VD_Dhirde