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Bombay High CourtCA/11171/2014disposed offdismissed for default

Rukhmanbai Kaduba Tayade And Others v. State Of Maharashtra And Another

2019-09-05Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.11171 OF 2014 IN FAST/24269/2014 RUKHMANBAI KADUBA TAYADE AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND ANOTHER ...

Mr. C.K. Sonawane and Mr. N.R. Thorat, Advocates for the applicants Mr. R.B. Bagul, AGP for the respondent No.1 ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

05th SEPTEMBER, 2019 PER COURT :

Present application has been filed by original claimants to get condone the delay of 842 days in filing First Appeal. They intend to challenge the Judgment and Award passed by the learned reference Court. Learned AGP strongly opposes application, on the ground, that whatever reasons have been assigned are not sufficient and just. Learned Advocate for the acquiring body is present. The applicants are agriculturists coming from rural area, whose

CA_11171_2014 land has been acquired. Under such circumstance, by taking liberal approach the delay is condoned.

Application stands allowed and disposed of accordingly. Registry to verify and register the First Appeal and place it for further consideration on 04.11.2019.

It is clarified that the applicants will not be entitled to get interest of 842 days, in case of success in their appeal. ( Smt. Vibha Kankanwadi, J. ) agd