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Bombay High CourtCA/12327/2021delay condonatedrejected

Savita Mahadeo Miskin v. The State Of Maharashtra And ORS

2022-02-09Hon'Ble Shri Justice Vinay Joshi2 pages

C. A. No. 12327-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12327 OF 2021 IN FIRST APPEAL (ST) No. 36255 OF 2019 SAVITA MAHADEO MISKIN ..APPLICANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS AND CIVIL APPLICATION NO. 12328 OF 2021 IN FIRST APPEAL (ST) No. 36258 of 2019 HARISHCHANDRA MAHADEO MISKIN .. APPLICANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS Advocate for the Applicant :

Mr. A. S. More A.G.P for Respondent Nos. 1 and 2 :

Mr. S. N. Morampalle Advocate for Respondent No.3 :

Mr. R. A. Tambe CORAM : VINAY JOSHI, J.

DATE : 09.02.2022.

PER COURT :- Heard.

2.

This is an application seeking condonation of delay approximately 1367 days caused in fling First Appeal seeking enhancement of compensation.

C. A. No. 12327-2021.odt 3.

The learned A.G.P for the State and learned counsel Mr. Rahul A. Tambe appearing for acquiring body have objected to condone the delay.

4.

The applicant has set out the reasons for delay in paragraph Nos. 1 and 2 of this application. Primly, it is canvassed that due to illiteracy and poverty the applicant was unable to take proper advise and seek for enhancement. Having regard to the nature of litigation, the delay stands condoned, with rider that applicant is not entitled for interest or any other statutorily benefts for the delayed period. Ofce to verify and registered the appeal. Application stands disposed of accordingly.

( VINAY JOSHI ) JUDGE ysk