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Bombay High CourtCA/8380/2016admittedallowedgrantedrule absolute

Rukhminbai Vithalrao Kavhale v. The State Of Maharashtra And Others

2017-06-21Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 2027 OF 2017 IN FAST/32165/2016 WITH CA/7722/2016 IN FAST/36991/2015 WITH CA/8380/2016 IN FAST/36824/2015 WITH CA/15666/2016 IN FAST/32143/2016 WITH CA/2031/2017 IN FAST/32163/2016 KHIRAJI HARIBHAU SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Jadhav Kailas B Mr.RB Bagul, AGP for Respondents: 1 & 2;

Mr. Solshe Vinesh C For R/3.

----- CORAM : P.R.BORA, J.

DATE :

st June,2017.

PER COURT :

1.

Learned counsel for the applicant/s submits that in connected matters, this Court by order dated 15.7.2016 has condoned the delay on the ground that the claimants undertake that they will not claim interest in respect of delayed period, if the compensation amount is enhanced in the appeals.

2.

Learned counsel for acquiring body strongly resisted the application.

3.

In the light of above submission and for

the reasons stated in the civil applications, delay caused in filing first appeals, is hereby condoned.

4.

The original claimants shall file undertaking to the effect that they will not claim interest for the delayed period.

5.

Civil applications for condonation of delay are allowed and disposed of. The appeals be registered in accordance with law. Place this order in the papers of the appeals.

6.

On registration of the appeals, issue notices to the respondents. Learned AGP and learned Counsel waive service for respective respondents.

7.

Place the matters for admission on 19th July, 2017. Call R and P.

(P.R.BORA,J.) bdv/