Janakiram Tukaram Suste (Died) Thr Lrs Trimbak J. Suste v. The State Of Maharashtra And ANR

958 ca3804.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 3804 OF 2017 IN FAST/4206/2017 JANAKIRAM TUKARAM SUSTE (DIED) THR LRS TRIMBAK J. SUSTE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. S.K. Adkine AGP for Respondent No.1: Mr. P.G. Borade .....

CORAM : V. K. JADHAV, J.

DATED : 30th JUNE, 2017 PER COURT:- 1.

Heard learned counsel for the applicant and learned A.G.P. for respondent No.1. Though respondent No.2 acquiring body is duly served, none appears for it. Learned counsel for the applicant submits that the respondent acquiring body has also preferred appeal against the judgment and award passed by the reference court. Further, the applicant also undertakes to leave interest for the delayed period, if the applicant/appellant succeed in the appeal. 2.

In view of above and for the reasons stated in the civil application, delay of 1286 days caused in filing first appeal is condoned on the condition that the applicant is not entitled for the amount of interest for the delayed period. Learned counsel for the applicant submits that the applicant would file undertaking to that

958 ca3804.17 -2effect within a period of two weeks from today. 3.

In first appeal, issue notice to the respondents, returnable on 11.08.2017. Learned A.G.P. notice for respondent No.1. Call for record and proceedings.

( V. K. JADHAV, J.) rlj/