Bhausaheb Savliram Dokhale (Died) Thr Lrs Bhimabai And ORS v. The State Of Maharashtra And ORS
1 949-CA-4187-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.4187 OF 2020 IN FAST/37300/2018 BHAUSAHEB SAVLIRAM DOKHALE (DIED) THR LRS BHIMABAI AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
Advocate for Applicant : Mr Abhishek M.Hajare AGP for Respondent Nos. 1 and 2/State : Mr S.B. Yawalkar CORAM : S.G. CHAPALGAONKAR, J.
DATE : 24-02-2023 PER COURT :
1.
The applicants seek to condone the delay of 2076 days caused in filing the appeal challenging the Judgment and award passed by the 6th Jt. Civil Judge, Senior Division Aurangabad in LAR No. 285/2001 dated 31-12-2012.
2.
The learned advocate for the applicants submits that the delay caused in filing the appeal is unintentional. The applicants have not derived any advantage by making the delay. The land of the applicants has been compulsorily acquired. The applicant has good ground for enhancement of compensation. He would rely upon the orders passed by this Court in connected appeal arising out of the same award. Such orders are passed in Civil Application No. 9261/2019 in FAST No. 35261/2018 in the matter of Sitaram Nathu Pawar Vs. The State of Maharashtra and in Civil Application No. 8872/2019 in FAST No. 13687/2019 in the matter of Gulab Giri Narayan Giri and Anr. Vs. The State of
2 949-CA-4187-2020 Maharashtra and others. The delay of similar nature has been condoned by this Court under those orders.
3.
The learned AGP appearing for respondent Nos. 1 and 2 does not dispute the position that the orders referred are relating to same award. The notice of the application is served upon the respondent No. 3, however, no appearance is caused.
4.
Considering the aforesaid submissions, it is just and desirable to condone the delay with condition that the applicants shall not be entitled to claim the interest for the delayed period, in case their prayer for enhancement of compensation is accepted by this Court. The delay is condoned.
5.
The civil application is allowed and disposed of. 6.
The appeal be registered.
[ S.G. CHAPALGAONKAR, J. ] mta