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Bombay High CourtCA/9470/2015disposed offdismissed for default

Ramabai Jagannathrao Nalgirkar Died Thr Lrs Arun Jagannathrao Nalgirkar v. The State Of Maharashtra And Another

2018-09-03Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 9470 OF 2015 IN FAST/18537/2015 WITH CA/9471/2015 IN FAST/18604/2015 WITH CA/9472/2015 IN FAST/18610/2015 WITH CA/9473/2015 IN FAST/18608/2015 WITH CA/9474/2015 IN FAST/18606/2015 WITH CA/9475/2015 IN FAST/18594/2015 WITH CA/9477/2015 IN FAST/18596/2015 WITH CA/9478/2015 IN FAST/18612/2015 WITH CA/9479/2015 IN FAST/18598/2015 WITH CA/9480/2015 IN FAST/18600/2015 WITH CA/9481/2015 IN FAST/18602/2015 RAMABAI JAGANNATHRAO NALGIRKAR DIED THR LRS ARUN JAGANNATHRAO NALGIRKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Sakolkar Vijay G. And Nandagavale H.b.

AGP for Respondent/State : Mr. R.B.Bagul .....

CORAM : SUNIL K. KOTWAL, J.

DATE : SEPTEMBER 3, 2018 O R D E R :

These applications are for condonation of delay of 1022 days in filing appeals against the order of the Reference Court. According to the learned counsel for the applicants/appellants, the applicants were not aware about passing of the impugned judgment and award by the Reference Court. So also, time was required for making arrangements of money for payment

ca9470.15 of compensation amount as the applicants are poor agriculturists.

2.

Learned AGP for the State opposes these applications and submits that date of knowledge is not given by the applicants. Financial crises cannot be the ground for condonation of delay.

3.

The present dispute is regarding acquisition of acquired land. Therefore, we can understand financial condition of the agriculturists in villages. Therefore, considering the reason assigned by the applicants for condonation of delay, I hold that discretion can be exercised in favour of the applicant in the interest of justice.

4.

Therefore, the applications are allowed.

Delay is condoned. Applicants to file written undertaking in the First Appeal that they will not claim interest for the delayed period.

[SUNIL K. KOTWAL, J.] dbm