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Bombay High CourtCA/10358/2019disposed offdismissed for default

Tejabai Daga Rajput (Died) Thr Lrs Jangalsing And ORS v. The State Of Maharashtra And ORS

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

997-ca-10358-19 (delay).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 997 CIVIL APPLICATION NO.10358 OF 2019 IN FAST/8691/2019 TEJABAI DAGA RAJPUT (DIED) THR LRS JANGALSING AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondents/State : Mr. R.B. Bagul Advocate for Respondent No.3 : Mr. A.D. Pawar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 27th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimants for getting the delay of 2424 days condoned in filing first appeal. 2.

Original claimants intend to challenge the judgment and award passed by the learned reference Court for enhancement. 3.

Learned AGP representing respondent Nos.1 and 2 has raised strong objection on the ground that the delay has not been properly explained.

997-ca-10358-19 (delay).odt 4.

Taking into consideration the fact that the applicants are the original claimants whose lands were acquired, liberal approach is required to be taken and therefore, delay stands condoned. 5.

Civil Application stands allowed and disposed of accordingly. 6.

It is clarified that the applicants are not entitled to get interest for the period of 2424 days in case of success to their appeal. 7.

Registry to verify and register the first appeal and place it for further consideration on 08.01.2020.

(SMT. VIBHA KANKANWADI, J.) SCM