Shriram S/O Motiram Wakode v. The State Of Maharashtra Through District Collector, Buldhana And Others

1 926 caf 1012-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1012/2023 IN FIRST APPEAL ST. NO.1059/2023 Shriram s/o Motiram Wakode Vs.

The State of Maharashtra thr. District Collector, Buldhana 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 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 P.Patil, Advocate for respondent No.2 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

09/06/ 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.

2 926 caf 1012-2023 3.

Registry is directed to register First Appeal Stamp No. 1059/2023.

4.

The application stands disposed of accordingly.

FIRST APPEAL STAMP NO. 1059/2023 1.

Heard.

2.

Admit.

3.

Ms T.H. Udeshi, learned AGP waives notice for respondent Nos.1 and 3.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE