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Bombay High CourtCA/4633/2019disposed offdismissed for default

Manchak Abaji Shep And ANR v. The State Of Maharashtra And ORS

2019-07-19Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1017-ca-4633-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1017 CIVIL APPLICATION NO.4633 OF 2019 IN FAST/37555/2018 MANCHAK ABAJI SHEP AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Kendre N.D.

AGP for Respondents/State : Mr. S.P. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 19th JULY 2019 ORDER :

.

Present application has been filed by the original claimants for getting the delay of 2443 days condoned in filing the First Appeal. They want to challenge the judgment and award passed by the Reference Court. Learned AGP representing respondent Nos. 1 and 2 is strongly objecting the application on the ground that the delay is huge and inordinate and has not been properly explained. 2.

Taking into consideration the fact that the applicants are agriculturist, coming from rural area and for the reasons mentioned in the application, liberal view is taken and therefore, the delay is hereby condoned.

1017-ca-4633-19.doc 3.

Civil Application stands allowed and disposed of accordingly.

4.

It is clarified that the applicants are not entitled to get the interest of 2443 days in case of success to their First Appeal. 5.

Registry to verify and register the First Appeal and place it for further consideration on 14.11.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/