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Bombay High CourtCA/456/2014admittedallowedgrantedrule absolute

Babarao Sakharam Kavhale And Others v. The State Of Maharashtra And Others

2016-07-15Hon'Ble Shri Justice V.K. Jadhav2 pages

C.A.No.444/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 444 OF 2014 IN FAST/29391/2013 NAGDABAI AGAJI KAVHALE DIED LRS PRABHAKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CA/445/2014 IN FAST/29513/2013 WITH CA/446/2014 IN FAST/29510/2013 Mr D.M. Kakade, Advocate for applicants Mr S.R. Yadav, A.G.P. for respondents No.1 and 2 Mr A.M. Gaikwad, Advocate for respondent No.3 Mr R.C. Patil, Advocate for respondent No.3 in C.A.No.445/2014 ...

CIVIL APPLICATION NO. 452 OF 2014 IN FAST/28143/2013 PANDURANG SHAMRAO KAVHALE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CA/453/2014 IN FAST/29395/2013 WITH CA/454/2014 IN FAST/28205/2013 WITH CA/455/2014 IN FAST/28200/2013 WITH CA/456/2014 IN FAST/28218/2013 Mr D.M. Kakade, Advocate for applicants Mr K.N. Lokhande, A.G.P. for respondents No.1 and 2 Mr S.C. Arora, Advocate for respondent No.3 ...

CIVIL APPLICATION NO. 10852 OF 2014 IN FAST/14289/2014 RAOSAHEB ASHRAJI KAVHALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CA/10853/2014 IN FAST/14299/2014

C.A.No.444/2014 Mr D.M. Kakade, Advocate for applicants Mr G.O. Wattamwar, A.G.P. for respondents No.1 and 2 Mr R.C. Patil, Advocate for respondent No.3 in C.A.No.10852/2014 and Mr S.G. Bhalerao, Advocate for respondent No.3 in C.A.No.10853/2014 CORAM : V.K. JADHAV, J.

DATE : 15th July 2016 PER COURT 1.

Heard learned Counsel for the applicants, learned A.G.P. for respondents No.1 and 2 and learned Counsel for respondents - acquiring body.

2.

In view of the submissions made by both the sides and the contentions raised in the civil application, I am of the opinion that sufficient cause is shown to condone the delay. However, there will be question of granting interest in respect of the delayed period. Learned Counsel for the original claimants undertakes that the original claimants will not claim interest in respect of this period if the compensation amount is enhanced in the appeal. 3.

In the light of above, application is allowed. Delay condoned. The original claimants shall file undertaking to the effect that they will not claim interest in respect of delayed period. 4.

Civil Applications stand disposed of.

( V.K. JADHAV, J.) vvr