Trimbak Baburao Navtake Died Thr Lrs Nirmalabai And ORS v. The State Of Maharashtra And ORS

1 12-CA-4432-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4432 OF 2016 IN FAST/6366/2016 TRIMBAK BABURAO NAVTAKE DIED THROUGH LRS NIRMALABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Gajanan K. Sontakke AGP for Respondents - State : Mr. S.S. Dande ...

CORAM : KISHORE. C. SANT, J.

DATE : 07th NOVEMBER, 2023 PER COURT :

1.

This application is filed for condonation of 857 days delay caused in filing first appeal challenging the judgment and order passed the learned Civil Judge, Senior Division, Omerga, in L.A.R. No.1156/2009, seeking enhancement of compensation. 2.

Heard learned advocates for the respective parties. 3.

Learned AGP for respondent State opposes the application stating that the reasons are not sufficient and convincing. Learned advocate for applicants submits that the delay is bona fide and is not intentional.

4.

Considering that this application is filed by claimants who have lost their property in the acquisition proceedings, the delay stands condoned. The application is allowed. However, the applicants shall not be held entitled for any interest for delayed period, if the appeal succeeds. Appeal be registered. Civil application is disposed off.

(KISHORE. C. SANT, J.) SVH