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Bombay High CourtCA/1704/2019disposed offdismissed for default

Sakharam Prakash Kadam And ANR v. The State Of Maharashtra And ANR

2019-07-05Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1098-ca-1703-19 with group.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1098 CIVIL APPLICATION NO.1703 OF 2019 IN FAST/35131/2018 WITH CA/1704/2019 IN FAST/35044/2018 WITH CA/1705/2019 IN FAST/35153/2018 WITH CA/1706/2019 IN FAST/35137/2018 WITH CA/1707/2019 IN FAST/35133/2018 RAMNATH RAGHUNATH @ RANGNATH THOTE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. H.V. Tungar AGP for Respondent Nos.1 and 2/State : Mr. S.P. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 5th JULY 2019 ORDER :

1.

Present applications have been filed for getting the delay of 2324 days condoned in filing First Appeal.

2.

The applicants are the original claimants who intends to challenge the award passed by the reference Court on the ground of quantum. They have contended that they being illiterate persons were not having sufficient knowledge about the legal proceedings. Though the applications have been strongly opposed by respondent Nos.1 and 2 through learned AGP on the ground that the delay is huge and inordinate and has not been explained on day to day basis.

1098-ca-1703-19 with group.doc 3.

Taking into consideration the fact that the applicants are illiterate persons, liberal approach is taken, delay is condoned. 4.

Civil Applications stand allowed and disposed of accordingly.

5.

Registry to verify and register the First Appeals and place it for further consideration on 09-12-2019.

6.

Applicants are not entitled to get interest on the amount of compensation enhanced, if any, at the time of disposal of the First Appeals.

( Smt. Vibha Kankanwadi, J. ) Shubham/