Shivaji Narayan Baviskar And ORS v. The Collector, Jalgaon And ORS

Civil Appln. No.5404/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.5404 OF 2017 IN FIRST APPEAL STAMP NO.13648 OF 2017 Shivaji Narayan Baviskar & ors.

...

APPLICANTS

VERSUS

The State of Maharashtra & others ...

RESPONDENTS .....

Shri A.B. Kale, Advocate for applicants Shri R.B. Bagul, A.G.P. for State Mrs. Chaitali Chaudhari - Kutti, Advocate for acquiring body .....

CORAM:

V.K. JADHAV , J.

DATED:

19th April, 2017.

ORAL ORDER :

1.

Heard both sides.

2.

Learned counsel for the applicants submits that, due to drought situation and financial constraints, the applicants could not prefer the appeal within limitation and thus, delay caused in filing the appeal. Learned counsel for the applicants submits that, the applicants will not claim any interest for the delayed period and the applicants have already submitted undertaking to that effect before this Court. In view of the submission made on behalf of the applicants and for the reasons stated in the application, the delay caused in filing the appeal is hereby

Civil Appln. No.5404/2017 condoned. In terms of the undertaking submitted before this Court, the applicants shall not be entitled for interest on the enhanced compensation amount for the delayed period if the applicants succeed in the Appeal preferred in this Court for enhancement of the amount. 3.

In view of the above, Civil Application seeking condonation of delay is allowed and disposed of.

( V.K. JADHAV ) JUDGE fmp/ca5404.17