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Bombay High CourtCA/5096/2018disposed offdismissed for default

Udhav Baburao Patil v. The State Of Maharashtra And ORS

2019-09-27Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

979-ca-5096-18 (delay).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 979 CIVIL APPLICATION NO.5096 OF 2018 IN FAST/7797/2018 UDHAV BABURAO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Ingale Vivekanand V. AGP for Respondents/State : Mr. A.M. Phule Advocate for Respondent No.3 : Ms. S.G. Chincholkar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 27th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimant for getting the delay of 1904 days condoned in filing first appeal. The claimant intends to file appeal for enhancement in the compensation granted by the learned reference Court.

2.

Learned Advocate appearing for respondent No.3 as well as learned AGP have strong objection to allow the application. 3.

Taking into consideration the fact that the original claimant is agriculturist, whose land has been acquired, liberal approach is taken,

979-ca-5096-18 (delay).odt delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly. 5.

It is made clear that the applicant is not entitled to get interest for the period of 1904 days, in case of success to his appeal. 6.

Registry to verify and register the first appeal and place it for further consideration on 21.01.2020.

(SMT. VIBHA KANKANWADI, J.) SCM