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Bombay High CourtCA/3933/2019disposed offdismissed for default

Vanita Narayan Lathi And ORS v. District Collector, Jalgaon And ORS

2019-07-19Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1010-ca-3932-19 with group.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1010 CIVIL APPLICATION NO.3932 OF 2019 IN FAST/27653/2018 WITH CA/3933/2019 IN FAST/27657/2018 WITH CA/3934/2019 IN FAST/27662/2018 VANITA NARAYAN LATHI AND OS

VERSUS

DISTRICT COLLECTOR, JALGAO AND ORS ...

Advocate for Applicants : Mr. Zia Ul Mustafa And T.A.Qadri AGP for Respondents/State : Mr. A.M. Phule Advocate for Respondent No.4 : Mr. Dhongade Suresh D. ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 19th JULY 2019 ORDER :

.

Present applications have been filed by the original claimants for getting the delay of 125 days condoned in filing First Appeals. The original claimants intend to challenge the judgment and award passed by the learned Reference Court and get enhancement in the compensation. Learned AGP representing respondent Nos.1 and 2 has strong objection to allow the applications on the ground that there is huge and inordinate delay.

2.

Taking into consideration the fact that the applicants are an agriculturist, coming from rural area and their land was acquired, liberal

1010-ca-3932-19 with group.doc view is taken and for the reasons stated in applications, the delay stands condoned.

3.

Civil Applications stand allowed and disposed of accordingly.

4.

Registry to verify and register the First Appeals and place it for further consideration on 05.11.2019.

5.

It is clarified that the applicants are not entitled to get interest of 125 days, in case of success in their appeals. ( Smt. Vibha Kankanwadi, J. ) Shubham/