Keshav Shivramsa Ajmire v. The Exe. Engineer, Bembla Project Divsn. Yavatmal And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.1274 OF 2011 IN FIRST APPEAL STAMP NO.3091 OF 2011 Keshav Shivramsa Ajmire ..vs..

The Executive Engineer, Bembla Project Divisoin, Yavatmal and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.B. Nakshane, counsel for the applicant. Shri M.M. Ekre, AGP for R-2 & 3.

CORAM

: PRASANNA B. VARALE, J.

DATED : AUGUST 10, 2016.

Heard.

By the present application, the applicantoriginal claimant prays for condonation of delay caused in filing an appeal.

Learned counsel Shri A.B. Nakshane for the applicant submits that the applicant is a farmer and resides in Kotha Fattepur, Taluka Babhulgaon, District Yavatmal. He further submits that the applicant, due to financial constraints and he being an illiterate, was not conversant with the legal niceties and, therefore, he was unable to take necessary steps within the stipulated period. Learned counsel submits that by obtaining hand loan from his friends and relatives, the amount was raised and, thereafter, he approached the counsel for legal assistance. Thereafter, the application and appeal are prepared and filed in this Court. It is the .....2/-

submission of learned counsel that delay caused is purely an unintentional. He invites this Court attention to order dated 25.7.2016 passed by this Court and also places reliances in the case of Imrat Lal and others ..vs.. Land Acquisition Collector and others [2014(9) SCALE 446]. Learned counsel submits that to show bona fide, the applicant is ready to waive the interest for the period from the date of judgment passed by the Reference court, till today.

Advocate Shri S.S. Godbole h/f learned counsel Shri S.G. Jagtap for non-applicant No.1 and learned Assistant Government Pleader Shri M.M. Ekre for non-applicant Nos.2 and 3 oppose the application. In view of the submissions made by learned counsel Shri A.B. Nakshane for the applicant as well as in view of the undertaking by the applicant to waive interest for the period from the date of judgment, till today and for the reasons stated in the application, the application is allowed. Delay is condoned.

The civil application is disposed of accordingly.

JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded on : - 11/08/2016 (Personal Assistant) ...../-