Sapurda Mari Wakode v. The State Of Maharashtra Through District Collector, Buldhana And Others

30 caf 1016-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1016/2023 IN FIRST APPEAL STAMP NO. 896/2023 (Sapurda Mari Wakode Vs. The State of Maharashtra, through District Collector, Buldhana and others) - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Ms Kalyani Waware, Advocate h/f Shri R.P. Masurkar, Advocate for appellant Ms T.H. Udeshi, AGP for respondent Nos. 1 and 3 Shri Vinay Rathi, Advocate h/f Shri PB. Patil, Advocate for respondent No.2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 07/06/2023 Present application is filed for condonation of delay of 297 days in filing first appeal. It is submitted that applicant is financially weak person and residing in remote area. In view thereof, he was not having amount to pay court fee as well as not having sufficient knowledge about legal procedure. 2.

The application is opposed by the learned Counsel for respondent. However, in view of the reasons given by the applicant, I am satisfied that there is sufficient cause to condone the delay. However, it is made clear that appellant will not be entitled to claim interest on the enhanced compensation and statutory amount for the delayed period. Accordingly, application is allowed. Delay in filing first appeal is hereby condoned. 3.

Registry is directed to register First Appeal Stamp No. 896/2023.

FIRST APPEAL STAMP NO. 89 6 /2023 Heard.

Admit.

Signed By:JAYASHREE SHARAD SHINGNE (SMT. M.S. JAWALKAR, J.) Jayashree..