Venkat Govindrao Sirsat And ANR v. The State Of Maharashtra And ANR

1003-ca-13522-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1003 CIVIL APPLICATION NO.13522 OF 2018 IN FAST/27044/2018 VENKAT GOVINDRAO SIRSAT AN ANR

VERSUS

THE STATE OF MAHARASHTRA AD ANR ...

Advocate for Applicant : Mr. Kendre N.D.

AGP for Respondents/State : Mr. S.P. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 19th JULY 2019 ORDER :

.

Present application has been filed by the original claimant for getting the delay of 2754 days condoned in filing First Appeal. The original claimants intend to challenge and file First Appeal for enhancement in the compensation granted by the Reference Court. Learned AGP representing respondent No.1 strongly objects to the application stating that the delay is inordinate and huge and has not been explained on day to day basis.

2.

However, taking into consideration the fact that the applicant No.1 is 80 years old person and both the applicants are coming from rural area, liberal approach is taken, therefore, delay stands condoned.

1003-ca-13522-18.doc 3.

Civil Application stands allowed and disposed of accordingly.

4.

It is clarified that the applicants are not entitled to get interest of 2754 days in case of enhancement in the compensation in their favour.

5.

Registry to verify and register the First Appeal and place it for further consideration on 18.12.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/