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Bombay High CourtCAF/3775/2019delay condonatedrejected

Ganesh Digambarao Deshmukh v. State Of Maharashtra Through Collector, Buldhana And Others

2020-12-02Hon'Ble Shri Justice S.M. Modak2 pages

904 caf3775.2019 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 3775 OF 2019 IN FIRST APPEAL STAMP NO. 3420 OF 2019 Ganesh Digambarrao Deshmukh V/s State of Maharashtra, through Collector, Buldana and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.D. Dharsakar, adv. h/f Shri K.S. Narwade, advocate for applicant/appellant. Shri M.A. Kadu, AGP for respondents.

CORAM : S.M. MODAK, J.

DATE : 02.12.2020.

The Civil Judge, Senior Division, Buldana as per the award dated 10.07.2013 has enhanced the compensation. The original claimant is not satisfied. There is a delay in preferring an appeal. Today, it is listed for the first time.

2.

Issue notice to the respondents. Learned AGP Shri M.A. Kadu waives notice for respondent Nos. 1 to 3. 3.

By consent, this application is taken up for hearing. I find that reasons mentioned in the application convincing. The applicant is ready to waive the interest for the period for which delay condonation is sought as observed by the Hon'

ble Supreme Court in case of Imrat Lal and others V/s Land Acquisition Collector and others reported in 2014 (9) SCALE 446. The date of the judgment

904 caf3775.2019 2/2 is 10.07.2013. The applicant/appellant ought to have prefer in the appeal within 90 days. Hence, the order:-

ORDER

a] The delay caused in preferring the appeal, is condoned.

b] The delay is condoned subject to waiver of the interest for the period, for which delay is condoned. c] Civil application is disposed of.

FIRST APPEAL STAMP NO. 3420/2019 Issue notice to the respondents.

2.

Learned A.G.P. Shri M.A. Kadu waives notice for respondent Nos. 1 to 3.

3.

Admit.

4.

Call record and proceedings.

JUDGE rkn