Namdeo S/O Doma Jivtode v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

3004caf1034.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 1034 OF 2015 IN FIRST APPEAL ST. NO. 883 OF 2015 Namdeo Doma Jivtode Vs.State of Maharashtra thr Collector Yavatmal & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .................................................................................................................................................................... Shri A. Sambre Adv for applicants .

CORAM: A. S. CHANDURKAR J.

DATED: APRIL 30, 2015.

Prayer is to condone delay in filing First Appeal. Reasons for said delay are mentioned in paras 4 and 5 of the application. Application is opposed by learned counsel for the respondents on the ground that reasons assigned are not sufficient. Considering the fact that appeal filed by the acquiring body is already admitted and in view of reasons assigned, delay in filing first appeal stands condoned. The applicant however would not be entitled for interest on the amount of enhanced compensation for the period from 28.08.2008 till today. Application is allowed and disposed of. First Appeal St. No. 883 of 20015: Heard. Admit. Learned AGP waives notice on behalf of respondent nos. 1 and 2. Shri Patil, learned counsel waives on behalf of respondent no.3. In view of order passed on civil application no. 1034 of 2015 the appellant would not be entitled for interest on the amount of enhanced compensation for the period from 28.08.2008 till today. To be heard along with First Appeal No. 1125 of 2009. Filing of Private Book in the present appeal is dispensed with.

JUDGE svk