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Bombay High CourtCA/448/2016admittedallowedgrantedrule absolute

Vithal Nigappa Dhangar v. The State Of Maharashtra Through Collector Osmanabad

2016-06-24Hon'Ble Shri Justice T.V. Nalawade3 pages

1 C.A. 448...2016 in C.R.A. St. 38068.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 448 OF 2016 IN CRAST/38068/2015 VITHAL NIGAPPA DHANGAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD WITH 15 CIVIL APPLICATION NO. 4340 OF 2016 IN CRAST/670/2016 DHONDIBAI W/O SAMBHAJI SHINDE DIED THR LRS ASHA W/O DATTARAYA ZOMBADE

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR WITH 16 CIVIL APPLICATION NO. 4341 OF 2016 IN CRAST/8207/2016 PARWATIBAI W/O MADHAV SHITOLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD

2 C.A. 448...2016 in C.R.A. St. 38068.2015.odt WITH 17 CIVIL APPLICATION NO. 5482 OF 2016 IN CRAST/38057/2015 BHIMSEN S/O VITOBA GAIKWAD DIED THR LR SURESH MADHAV NILANGE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR OSMANABAD .....

Mr. V.V.Ingale, Advocate for applicants.

Mr. S.P.Sonpawle, A.G.P. for R.No. 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 24th JUNE, 2016 ORAL ORDER :- .

All the applications are filed for condonation of delay. In the first matter, condonation of delay of 2700 days is caused in filing Civil Revision Application. In the second matter, condonation of delay of 2533 days is caused in filing Civil Revision Application. In the third matter, condonation of delay of 1739 days is caused in filing Civil Revision Application. In the fourth matter, condonation of delay of 2700 days is caused in filing Civil Revision Application. Heard both sides.

2.

The original claimants from the Reference wants

3 C.A. 448...2016 in C.R.A. St. 38068.2015.odt to challenge the decision given by the Land Reference Court. The References are rejected as no evidence is given. The counsel is taking blame to himself and there was no record to substantiate the claim, hence the matters were dismissed. 3.

In view of the decision given by this Court, the Revisions are tenable.

4.

In view of the aforesaid circumstances, the applications are allowed subject to the condition that original claimants will not be claiming interest in respect of the aforesaid period if at the end they succeed in getting enhanced compensation.

[T.V.NALAWADE, J.] KNP/C.A. 448...2016 in C.R.A. St. 38068.2015.odt