Raghunath Hira Pawar And Others v. The Collector Jalgaon And Others

22-ca8224-14 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.8224 OF 2014 IN F.A. [ST] NO.4867 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.K.Pawar, advocate i/b. Mr.A.B.Kale, advocate for applicants Mr.S.G.Sangle, AGP for respondent nos.1 and 2 CORAM : M.T. JOSHI, J.

DATE : JANUARY 05, 2015 PER COURT :

Heard Mr.B.K.Pawar, learned counsel i/b. Mr.A.B.Kale, learned counsel for the applicants and Mr.S.G.Sangle, learned AGP for respondent nos.1 and 2.

None present for respondent no.3, though served.

2] Learned counsel for the applicants submits that due to the financial stringency and the compulsory acquisition of the land, the applicants/appellants could not prefer the appeal in time. There is delay of 518 days in filing the appeal.

3] Considering the submissions, in my view, sufficient reasons are given for the delay.

22-ca8224-14 4] The delay caused in filing the First Appeal is, therefore, condoned, on the condition that the applicants/ appellants file an undertaking in this Court within eight weeks from the date of this order to the effect that they would not claim statutory interest in case, enhanced compensation, if any, is awarded by this Court.

5] In case the applicants/appellants fail to file such undertaking, present application shall stand dismissed automatically without further reference to the Court.

6] The application is allowed and disposed of as such.

[M.T. JOSHI, J.] kbp