Ramlal S/O Gotiram Lad And ORS v. The State Of Maharashtra Thr Collector, Jalna And ORS

56-CA.10685-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 CIVIL APPLICATION NO. 10685 OF 2022 IN FAST/8948/2022 RAMLAL S/O GOTIRAM LAD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS ...

Advocate for Applicants : Mr. I. K. Wagh h/f Mr. More Kumar Gaurav M.

AGP for Respondents-State : Mr. S. N. Kendre. Advocate for Respondent No.3 : Mr. G. S. Khaire h/f Mr. Shrirang Shashishekhar Dande.

...

CORAM : S. G. MEHARE, J.

DATE :

28.03.2024 PER COURT :- 1.

Heard respective learned counsels.

2.

This is an appeal filed by the applicants against the impugned judgment and award. There is an inordinate delay of 1155 days. Respondents have no serious objections. However, he would submit that the applicants would not be entitled to get the interest for delay caused in preferring the appeal.

3.

Considering the grounds mentioned in civil application, the following order is passed :

56-CA.10685-22.odt

O R D E R

(i) Civil Application is allowed.

(ii) Delay caused in preferring the appeal is condoned. However, the appellants would not be entitled to get interest for the period of delay caused in preferring the appeal.

(iii) Office to register the appeal.

(iv) Issue notice to the respondents.

(v) Learned AGP waives service of notice for respondent Nos.1 and 2-State. Learned counsel Mr. Khaire holding for Mr. Dande waives service of notice for respondent No.3.

(vi) Call R and P.

(vii) Stand over to 25.06.2024.

(S. G. MEHARE, J.) ...

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