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Bombay High CourtCA/8688/2021delay condonatedrejected

Sadashiv Dajiba Kavhale (Died) Thr Lrs Sagarbai Sadashiv Kavhale v. The State Of Maharashtra And ORS

2021-11-16Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.8688/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8688 OF 2021 IN FIRST APPEAL (ST.) NO.9931 OF 2021 Sadashiv s/o Dajiba Kavhale, Died L.R.

Sagarbai w/o Sadashiv Kavhale ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. K.B. Jadhav, Advocate for applicant Mr. S.S. Dande, A.G.P. for State .......

CORAM :

R. G. AVACHAT, J.

DATE :

16th NOVEMBER, 2021 PER COURT :

In spite of service, none appears for respondent No.3, acquiring body. It is informed that, on condonation of delay of not less than 3000 days, the connected matter i.e. First Appeal No.440/2019 has been kept for hearing finally at admission stage on 22nd November 2021. In view of the same, the application is allowed in terms of prayer clause (B). Delay condoned. Appeal be registered. However, the applicant/ appellant shall not be entitled for the component of interest for the delayed period of 4161 days if the appellant

C.A. No.8688/2021 :: 2 ::

succeeds in the appeal.

2.

On registration of the appeal, issue notice to respondents returnable on 22nd November 2021. To be kept along with First Appeal No.440/2019.

( R. G. AVACHAT ) JUDGE fmp/-