Subhadrabai Gangaram Waghmare v. The State Of Maharashtra And ANR

1024-CA-3267-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1024 CIVIL APPLICATION NO.3267 OF 2018 IN FAST/38490/2017 SUBHADRABAI GANGARAM WAGHMRE

VERSUS

THE STATE OF MAHARASHTRA AD ANR ...

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondents/State : Mr. S.P. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

1.

Present application has been filed by the original claimant for getting the delay of 437 days condoned in filing first appeal. She intends to challenge the judgment and award passed by the learned Reference Court for enhancement. The application has been strongly objected by the learned AGP on the ground that the delay is huge and inordinate. However, taking into consideration the fact that the land of the present applicant was acquired and for the reasons mentioned in paragraph No.2, the delay stands condoned.

2.

Civil Application stands allowed and disposed of accordingly.

1024-CA-3267-18.doc 3.

It is clarified that the applicant is not entitled to get interest for the period of delay of 437 days in case of success in the first appeal. 4.

Registry to verify and register the first appeal and place it for further consideration on 09.10.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/