Baliram Tukaram Kadam And ANR v. Sunil Ramrao Ghuge And ORS

1054-CA-6588-2018 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1054 CIVIL APPLICATION NO.6588 OF 2018 IN FAST/6067/2018 BALIRAM TUKARAM KADAM AND NR

VERSUS

SUNIL RAMRAO GHUGE AND ORS ...

Advocate for Applicants : Mr. S.S. Patil h/f Mr. Raje Vikrant P. ...

CORAM : P.R. BORA, J.

DATED : 01st March, 2019.

PER COURT:- .

Though respondent nos. 1 to 3 are duly served, no one has caused appearance on their behalf. 2.

The delay of 733 days has occurred in filing the appeal. The reasons as are assigned in justification of the delay cannot be outrightly rejected. In the circumstances, though, I am inclined to condone the delay, it would not be unjust if the applicants are dis-entitled from claiming the interest for the period of delay in the event of their success in the appeal. Hence the following order:

ORDER

i) The delay caused in filing the appeal is condoned. The appeal be registered in accordance with law.

ii) The civil application stands disposed of.

iii) After registration of the appeal, issue notice to the

1054-CA-6588-2018 .odt (2) respondents, returnable after eight weeks.

iv) It is clarified that in the event of success in appeal, the appellants shall not be entitled for the interest for the period of delay on the enhanced amount of compensation. v) The copy of the present order be kept along with the papers of the appeal.

vi) List the appeal for further consideration after eight weeks.

(P.R. BORA, J.) Mujaheed//