Irshadbi Guljarkha Pathan Since Deceased Thr Her Legal Heir Bashirkha Babakha Pathan v. The Collector, Collector Office, Jalgaon And ORS

C.A. No.7518/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.7518 OF 2016 IN FIRST APPEAL ST. NO. 10540 OF 2016 Irshadbi Guljarkha Pathan, Died through L.R.

Bashirkha Babakha Pathan ...

APPLICANT

VERSUS

The Collector, Jalgaon & ors.

...

RESPONDENTS .....

Shri G.V. Wani, Advocate for applicant Shri Y.G. Gujarathi, A.G.P. for State Mrs. Chaitalli Kutti, Advocate for respondent no.3 .....

CORAM:

R.D. DHANUKA AND SUNIL K. KOTWAL, JJ.

DATED:

22nd September, 2017.

ORAL ORDER:

1.

By this Civil Application, the applicant seeks condonation of delay of 2815 days in preferring the First Appeal. Learned counsel for the applicant submits that, the similar matters are already compromised by the parties before the Lok Adalat.

2.

Learned counsel for the acquiring body and the learned A.P.P. would submit that, if this Court proposes to

C.A. No.7518/2016 condone the delay as prayed in the Civil Application, the acquiring body shall not be made to suffer to pay interest for the delayed period.

3.

The learned counsel for the applicant states that, if the delay is condoned by this Court, his client would not make any claim for interest for the delayed period. Statement made by the learned counsel is accepted. In view of the statement made by the learned counsel for the applicant and for the reasons recorded in the Civil Application, the Civil Application is made absolute in terms of prayer clause (B) subject to the statement made by the learned counsel. No order as to costs. 4.

At the request of learned counsel for the parties, the dispute in this First Appeal be referred to the next Lok Adalat Session, which, according to learned counsel for the parties, is scheduled on 4/11/2017. The learned counsel for the parties agree to explore the possibility of settlement before the Lok Adalat.

(SUNIL K. KOTWAL) (R.D. DHANUKA) JUDGE JUDGE fmp