Achyut Rambhau Raut v. Trimbak Rambhau Raut And Others

1 CA/ 147-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 147 OF 2017 IN SECOND APPEAL (ST.) NO. 35955 OF 2016 ACHYUT RAMBHAU RAUT .. APPLICANT Vs.

TRIMBAK RAMBHAU RAUT AND OTHERS .. RESPONDENTS ---- Mr. S.K. Chavan, Advocate for the applicant Mr. B.S. Kudale, Advocate for respondents ---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 24/03/2017 ORDER :

1.

Heard learned counsel for the parties.

2.

It is being submitted by learned counsel for the applicant, the reasons given are genuine and there had been no particular intention to cause the delay, neither it is the case of the respondents, that the delay is deliberate.

3.

Looking at the guidelines, which are given in the decision of supreme court in the case of Collector, Land Acquisition, Anantnag Vs. Ms. Katiji and ors. reported in A.I.R. 1987 S.C. 1353, although learned counsel for the respondents, purports to rely on a decision of this court in the case of Kamalbai w/o Narasaiyya Shrimal and anr. 2007 V/s. Ganpat S/o

2 CA/ 147-2017 Vithalrao Gavare, reported in 2007(1) Mh.L.J. 807, in the facts of the present case, it is expedient in the interest of justice, to condone the delay.

4.

In view of aforesaid, civil application stands granted in terms of prayer clause (B) and is disposed of. [SUNIL P. DESHMUKH] JUDGE arp/