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Bombay High CourtCA/11900/2023admittedallowedgrantedrule absolute

Uttareshwar Bhgwan Kadam Died Thr Lrs Chandrabhaga Kantilal Kate And ANR v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2024-06-19Hon'Ble Shri Justice Kishore C. Sant1 pages

2024:BHC-AUG:11174 ( 1 ) ca11900.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO. 11900 OF 2023 IN FAST/28686/2023 UTTARESHWAR BHGWAN KADAM DIED THR LRS CHANDRABHAGA KANTILAL KATE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS Mr.D.A. Bide, Advocate for the applicants.

Mr.S.K. Shirse, AGP for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATED : 19.06.2024 PC :- 01.

This application is preferred for condonation of delay caused in filing appeal by the original claimants for enhancement of the amount of compensation. The learned AGP appears for respondent No.1. None appears for respondent Nos. 2 and 3 inspite of service. Since the application is by the claimant for enhancement of amount of compensation and for the reasons stated in the application, this Court is inclined to allow the application. It is made clear that the applicant shall not be entitled to claim interest for the delayed period. Hence, the following order :-

O R D E R

(i) The application is allowed.

(ii) The delay of 401 days caused in filing in appeal stands condoned.

(iii) Office to register the first appeal.

[KISHORE C. SANT, J.] snk/2024/JUNE24/ca11900.23