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Bombay High CourtCA/16829/2015disposed offdismissed for default

Digambar Venkati Surnar Died Lrs Sarsabai Digambar Surnar And Others v. The State Of Maharashtra And Another

2017-02-24Hon'Ble Shri Justice V.K. Jadhav1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 979 CIVIL APPLICATION NO. 16823 OF 2015 IN FAST/8837/2015 WITH CA/16826/2015 IN FAST/11475/2015 WITH CA/16829/2015 IN FAST/11472/2015 MAROTI RAMRAO SURNAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr Sontakke Gajanan K AGP for Respondents: Mr S S Dande ...

CORAM : V.K. JADHAV, J.

Dated: February 24, 2017 ...

PER COURT :- 1.

Learned counsel for the applicant submits that the reference petitions filed by the applicants came to be dismissed by the Reference Court, however, from the same award the Reference Petitions preferred by other agriculturist came to be allowed by the Reference Court. The applicants are the poor agriculturists and due to financial constraints they could not prefer the appeal. 2.

The learned AGP appearing for respondent state resisted the applications and in the alternate submits that the applicants shall waive the interest and other statutory benefits in case his appeal is allowed for enhancement of compensation.

3.

In view of the above submissions, delay caused in filing appeals is hereby condoned on the following conditions :- The applicant shall furnish undertaking to the effect that, in case, the appeal is allowed, and the compensation is enhanced, the applicants shall not claim interest or statutory benefits of the period for which condonation sought.

4.

Civil applications accordingly disposed of.

( V.K. JADHAV, J. ) ...

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