Rudrappa Gurshidappa Kasnale (Died) Thr Lrs Balu And ORS v. The State Of Maharashtra And ORS

1 928-CA-2809-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.2809 OF 2020 IN FAST/33352/2018 RUDRAPPA GURSHIDAPPA KASNALE AND ORS.

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr B.M. Dhanure AGP for Respondent No. 1 : Mr S.J. Salgare CORAM : S.G. CHAPALGAONKAR, J.

DATE : 24-02-2023 PER COURT :

1.

Heard.

2.

The applicants seek to condone the delay of 1547 days caused in filing the appeal against the Judgment and award passed by the Reference Court at Latur in LAR No. 298/2002. 3.

The learned advocate appearing for the applicants submits that the applicants have lost their agricultural lands. They have not been adequately compensated. They have filed appeal seeking enhancement of compensation. He would submit that the delay caused in filing the appeal is on account of reasons mentioned in para Nos. 3 to 6 of the application. Accordingly, he prays to condone the delay.

4.

The learned AGP appearing for respondent No.1 opposes the prayer to condone the delay. However, he submits that in case the delay is condoned, the applicants shall not be entitled to claim the interest for the period of delay.

2 928-CA-2809-2020 5.

Though the notice of this application has been duly served upon the respondent No.2, no appearance is caused. 6.

Considering the reasons stated in the application and the nature of the lis, the delay deserves to be condoned subject to condition that the applicants shall not claim the interest for the delayed period, in case their prayer for enhancement of compensation is granted by this Court.

7.

The civil application is allowed. The delay of 1547 days caused in filing the appeal is condoned subject to condition as stated above. 8.

The appeal be registered.

[ S.G. CHAPALGAONKAR, J. ] mta