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Bombay High CourtCA/1137/2014disposed offdismissed for default

Baburao Govinda Tayade v. The State Of Maharashtra And Others

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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.1137 OF 2014 IN FAST/28922/2013 WITH CA/1136/2014 IN FAST/28980/2013 WITH CA/1138/2014 IN FAST/28983/2013 BABURAO GOVINDA TAYADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. C.K. Sonawane, Advocate for the applicant Mr. A.M. Phule, AGP for the respondent Nos.1 and 2 Mr. D.B. Pawar, Advocate for the respondent No.3 - absent ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

05th SEPTEMBER, 2019 PER COURT :

Present application has been filed by original claimant to get condone the delay of 599 days in filing First Appeal. He intends 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 absent.

CA_1137_2014 The applicant is a 65 years old agriculturist coming from rural area, whose 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 applicant will not be entitled to get interest of 599 days, in case of success in his appeal. ( Smt. Vibha Kankanwadi, J. ) agd