Madhav Manikrao Huke v. The State Of Maharashtra Thr The Collector, Osmanabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.9062 OF 2017 IN FAST/20140/2017 MADHAV MANIKRAO HUKE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ANR ...

Advocate for Applicant : Mr.Devakate Anant R. AGP for Respondent No. 1: Mr. S.N. Morampalle ...

CORAM : SUNIL K.KOTWAL, J.

DATE : DECEMBER 07, 2018 O R D E R :

Heard learned counsel for applicant and learned AGP for respondent No. 1.

2.

Learned AGP objects for condonation of delay on the ground that no reasonable cause is assigned for condonation of delay.

3.

After going through para no. 4 of the application, it emerges that the delay was caused as the applicant himself was ill and even he was engaged in the treatment of his ailing wife.

4.

Applicant is also ready to waive interest on the compensation amount for the period of delay.

ca9062.17 5.

Considering the age of the applicant, reasons assigned for condonation of delay are acceptable. Therefore, this application for condonation of 2671 days delay, is allowed in terms of prayer clause 'B', subject to condition that applicant shall file separate written undertaking in First Appeal, regarding waiver of interest for the period of delay, within the period of eight weeks from the date of passing of this order.

6.

Civil application is disposed of.

7.

First Appeal (St) No. 20140 of 2017 be registered.

8.

Issue notices to respondents.

9.

Learned AGP waives service of notice for respondent No.1.

10.

Record and proceeding be called.

11.

Stand over to 20.2.2019.

[SUNIL K.KOTWAL, J.] mahajansb/