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Bombay High CourtCA/7886/2019disposed offdismissed for default

Sayyad Usman Sayyad Burhan And ANR v. Gajanan Gopichand Samale And ANR

2019-09-27Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

986-ca-7886-19(delay).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 986 CIVIL APPLICATION NO.7886 OF 2019 IN FAST/19055/2019 SAYYAD USMAN SAYYAD BURHAN AND ANR

VERSUS

GAJANAN GOPICHAND SAMALE AND ANR ...

Advocate for Applicants : Mr. Kale Mahesh P.

...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 27th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimants for getting the delay of 513 days condoned in filing first appeal. 2.

Original claimants intend to challenge the judgment and award passed by the learned reference Court for enhancement. 3.

Respondent Nos.1 and 2 though served, remained absent. Therefore, taking into consideration the fact that the applicants are the original claimants whose lands were acquired, liberal approach is required to be taken and therefore, delay stands condoned.

986-ca-7886-19(delay).odt 4.

Civil Application stands allowed and disposed of accordingly. 5.

It is clarified that the applicants are not entitled to get interest for the period of 513 days in case of success to their appeal. 6.

Registry to verify and register the first appeal and place it for further consideration on 08.01.2020.

(SMT. VIBHA KANKANWADI, J.) SCM