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Bombay High CourtCA/10329/2021delay condonatedrejected

Kalabai Baraku Tayade And ORS v. The State Of Maharashtra Thr District Collector, Jalgaon And ORS

2022-01-24Hon'Ble Shri Justice Vinay Joshi2 pages

40- C. A. No. 10329-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 CIVIL APPLICATION NO.10329 OF 2021 IN FAST/22905/2021 KALABAI BARAKU TAYADE AND ORS ..APPLICANTS

VERSUS

THE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, JALGAON AND ORS ..RESPONDENTS ...

Advocate for the Applicants : Mr. J. V. Patil A.G.P for Respondent-State : Mr. P. N. Kutti Advocate for Respondent No.3 : Mr. D. B. Rasve h/f Mr. P.R. Nagargoje ...

CORAM : VINAY JOSHI, J.

DATE : 24.01.2022.

PER COURT :- Heard.

2.

This is an application seeking condonation of delay of 2003 days caused in fling the First Appeal.

3.

The other side has objected to condone the delay. 4.

The applicants are the original claimants who are seeking enhancement of compensation by way of appeal. The applicants have set out a cause for delay in paragraph No.6 of this application. Precisely it is contended that due to illiteracy

40- C. A. No. 10329-2021.odt and communication gap, they were not in a position to fle appeal at the earliest. The other side has not pointed out any material to disbelieve the applicant's contention. 5.

Having regard to the reasons stated in the application, the delay stands condoned however, the applicants are not entitled for interest or any other statutory benefts for delayed period. 6.

The application stands disposed of.

7.

Office to verify and register the appeal.

( VINAY JOSHI ) JUDGE ysk