Vishwanathappa Nagshettiappa Kapse Died Thr His Lrs Vijaykumar Vishwanathappa Kapse And Others v. The State Of Maharashtra And Another

920-CA-14940-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14940 OF 2019 IN RC/878/2015 Vishwanathappa Nagshettiappa Kapse Died Thr His Lrs Vijaykumar Vishwanathappa Kapse and Ors.

.....Applicants

VERSUS

The State of Maharashtra and Anr.

.....Respondents .....

Mr. V. P. Adgaonkar, Advocate for the Applicants Dr. Kalpalata Patil Bharaswadkar, Addl. GP for Respondent No.1 - State Mr. Tatyasaheb Bhosle, Advocate for Respondent No.2 .....

CORAM

:

R. G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :

10.01.2025 PER COURT :

1.

This is an Application for condonation of 1532 days delay in preferring the Application for restoration of cross-objection, which was dismissed for want of removal of offce objections. 2.

Heard the learned Advocate for the Applicants, learned Addl. GP for Respondent No.1 - State and the learned Advocate for Respondent No.2.

3.

The cross-objection is fled in the Appeal by the Acquiring Body. We see no legal impediment in allowing the Application. Hence, we allow the Application in terms of prayer clauses - 'B' and 'C', subject to the payment of costs of Rs.2000/- [Rupees Two Thousand] to be paid to the High Court Legal Services SubCommittee, Aurangabad.

920-CA-14940-2019.odt 4.

It is made clear that, the Applicants - Claimants shall not be entitled for the interest for the said period in case the crossobjection is allowed. An undertaking in that regard shall be submitted by the Applicants - Claimants.

5.

Application is disposed of accordingly.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer/Jan-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 14/01/2025 12:25:49