Smt. Pramilabai Wd/O Tulsidas Bhoyar (Dead) Through Lrs. Arun S/O Tulsidas Bhoyar And Others v. State Of Mahaashtra Through Secretary, Ministry Of Irrigation Department, Mumbai And Others

1 CAF 563.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.563/2020 in First Appeal St.No.771/2020 (Smt. Pramilabai Bhoyar thr Lrs and others V The State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri S.N. Nandeshwar, Adv for applicants.

Shri M.A. Kadu, AGP for resp.nos. 1, 4 and 5. Shri Jagtap, Adv for resp. nos.2 and 3.

CORAM : S.M. MODAK, J.

DATE : 06-01-2021.

Heard both the sides.

There is a delay of 423 days in preferring an appeal against the judgment of the Reference Court dated 27-06-2018. The original claimants were not satisfied with the amount. There is opposition for condonation of delay. It is satisfactorily explained but the appellants could not get any interest for that period. The reasons are convincing. Hence, the following order is passed :-

ORDER

(a) Delay of 423 days in preferring an appeal is condoned subject to waiver of the interest for that period. First Appeal No. /2021 Heard.

Admit.

Call R and P.

Issue notice to the respondents.

Learned AGP Shri Kadu, waives notice for respondent nos. 1, 4 and 5.

2 CAF 563.2020 Learned Advocate Shri Jagtap, waives notice for respondent nos.2 and 3.

(S.M. Modak, J.) Deshmukh