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Bombay High CourtCA/6154/2019delay condonatedrejected

Kisan Tukaram Dashrath v. The State Of Maharashtra And ORS

2021-10-21Hon'Ble Shri Justice R. G. Avachat1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6154 OF 2019 IN FIRST APPEAL ST. NO.37892 OF 2018 Kisan s/o Tukaram Dashrath ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. S.S. Paturkar, Advocate for applicant Mr. S.N. Morampalle, A.G.P. for State .......

CORAM :

R. G. AVACHAT, J.

DATE :

21st OCTOBER, 2021 PER COURT :

In spite of service of notice, there is no appearance on behalf of the acquiring body. The application is allowed. Delay condoned. Appeal be registered. However, the appellant shall not be entitled for component of interest for the delayed period of 4011 days. There is also delay in seeking circulation of this application. The notice was issued on 26/8/2021. While the appeal dates back to 2018. As such, the applicant/ appellant shall also not be entitled for the component of interest for the period of delay in seeking circulation of this application, which is from October 2018 to 26/8/2021, in case the appellant succeeds in the appeal. Learned counsel for the applicant to point out this order when final order may be passed in the appeal.

( R. G. AVACHAT ) JUDGE fmp/-