Bombay High CourtCAF/3546/2019admittedallwdgrantedrule absolute

Purushottam Revanath Gurjar v. The State Of Maharashtra Through Collector, Yavatmal And Others

2020-01-08Hon'Ble Shri Justice Avinash G. Gharote2 pages

1 CAF3546.2019

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3546/2019 IN FIRST APPEAL Purushottam Revanath Gurjar, ..VS..

The State of Maharashtra, Through Collector and Ors., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. M. Kolhe, Advocate for the applicant/appellant. Shri V. P. Maldhure, A.G.P. for the respondent Nos.1 and 2. CORAM : AVINASH G. GHAROTE, J.

DATED : 08 th January, 2020 The applicant seeks to condone the delay of 418 days caused in filing instant appeal challenging the Award dated 21.09.2017 passed by learned Civil Judge, Senior Division, Yavatmal in L.A.C. No.344/2012, whereby the claim of enhancement of compensation has been rejected. The contention is that the applicant/appellant, who is agriculturist did not have the financial resources to arrange the funds necessary for filing the appeal. It is submitted that delay is bonafide and genuine, and therefore, same be condoned. Learned A.G.P. for respondent Nos.1 and 2 opposed the same .

None appears for respondent No.3 though served.

2 CAF3546.2019 Considering the reasons given in paragraph Nos.2 to 4 of the application, the delay is condoned. The application is allowed accordingly.

By an order dated 24.09.2019 notices on the appeal were also issued and it has been served upon the respondent No.3.

Learned A.G.P. for the respondent Nos.1 and 2 makes a statement that notices in First Appeal already served in the matter.

Office to register the appeal and list the matter for final disposal at the stage of admission with the consent of the learned counsel appearing for the parties on 14.01.2020.

JUDGE Kirtak