Narendra S/O Ramchandra Bhagat v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

fa.877.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.317 of 2020 in Cross Objection St. No.2318 of 2020 in First Appeal No.877 of 2017 Narendra Ramchandra Bhagat vs.

The State of Maharashtra, through Collector, Yavatmal & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.A. Malnas, Advocate for the Applicant/Cross Objector. Mrs. Shamsi Haider, A.G.P. for Respondent Nos.1 & 2. Shri M.A. Kadu, Advocate for Respondent No.3.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 27 th JANUARY, 2021.

Applicant-original respondent No.1 has filed this application to condone the delay of 979 days in filing cross-objection under Order 41 Rule 22 of the C.P.C.

The applicant has stated that they were unable to file the cross-objection within the prescribed time due to illiteracy and financial constraints. Considering the reasons stated in the application, the delay is condoned. In view of the decision of the Apex Court in Ningappa Thotappa Angadi (Dead), through Lrs. vs.

The Special Land Acquisition Officer & another (Civil Appeal No.9415/2019), the applicant shall not be entitled to interest on the enhanced compensation and statutory amount for the delayed period of 979 days in filing the cross-objection.

fa.877.17 2/2 Cross-objection is taken on record. The application stands disposed of accordingly.

The appeal be listed as per its turn.

JUDGE *sandesh