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Bombay High CourtCA/10935/2013disposed offdismissed for default

Khelsing Thavru Rathod Died Lrs Narayan v. The State Of Maharashtra And Another

2019-07-31Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.10934 OF 2013 IN FAST/19387/2013 WITH CA/10935/2013 IN FAST/19357/2013 GANGARAM GYANOBA NALAPURE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. V.G. Sakolkar, Advocate for the applicants Mr. P.M. Kulkarni, AGP for the respondent Nos.1 & 2 ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

31st JULY, 2019 PER COURT :

Present application has been filed by the original claimants to get the delay of 847 days condoned in filing First Appeal. The applicants intend to challenge the Judgment and Award passed by the learned reference Court. Learned AGP representing respondent No.1 object to the application on the ground that the delay is huge and inordinate. Taking into consideration the fact that the claimants are illiterate and rustic villagers, whose agricultural lands have been acquired, the delay stands condoned.

CA_10934_2013 Application stands allowed and disposed of accordingly. It is clarified that the applicant will not be entitled to get interest for the period of 847 days, in case of success in his First Appeal. Registry to verify and register the First Appeal and place it for further consideration on 05.11.2019.

( Smt. Vibha Kankanwadi, J. ) agd