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Bombay High CourtCA/14874/2018disposed offdismissed for default

Prabhakar Yadudas Kale (Died) Thr Lrs Chandrakant And ORS v. The State Of Maharashtra And ANR

2019-09-06Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

982.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 CIVIL APPLICATION NO.14874 OF 2018 IN FAST/33275/2018 PRABHAKAR YADUDAS KALE (DIED) THR LRS CHANDRAKANT AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Deshmukh Ramraje A. AGP for Respondents/State : Mr. A.M. Phule Advocate for Respondent No.2 : Mr. S.D. Kaldate ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 06th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimants for getting the delay of 1906 days condoned in filing first appeal. The applicants intend to challenge the judgment and award passed by the learned reference Court.

2.

The application has been strongly opposed by learned AGP representing respondent No.1 and learned Advocate Mr. S.D. Kaldate for respondent No.2. However, taking into consideration the reasons mentioned in the application and the fact that the applicants are coming from rural area, whose land has been acquired, delay stands condoned.

982.doc 3.

Civil Application stands allowed and disposed of accordingly. 4.

However, it is clarified that the applicants will not be entitled to get the interest for the period of 1906 days in case of success to their appeal.

5.

Registry to verify and register the first appeal and place it for further consideration on 16.10.2019.

(SMT. VIBHA KANKANWADI, J.) SCM