Bombay High CourtCAF/2204/2019disposedoff

Sahebrao D. Gawali (Since Deceased) Thr. Lrs. Bhimrao Sahebrao Gawali And Others v. State Of Maharashtra Through The Collector, Washim And Others

2020-01-09Hon'Ble Shri Justice Avinash G. Gharote2 pages

0901caf2204.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2204/2019 IN FIRST APPEAL ST. NO.3573/2019 Sahebrao Dajibarao Gawali since deceased through his L.Rs. Bhimrao Sahebrao Gawali and others ...Versus...

State of Maharashtra, through the Collector, Washim and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- - - Ms Vidya Umale, Counsel for applicants Mrs. Geeta Tiwari, AGP for respondents - State CORAM : AVINASH G. GHAROTE, J.

DATE : 09/01/2020 This is an application for condonation of delay of 1155 days caused in filing the first appeal, challenging the judgment and award dated 16/09/2015 passed by the District Judge-II, Washim in Land Acquisition Case No.25/2007. The reason given is that since there was a paucity of funds, the applicants being the agriculturists, could not arrange the same.

Ms Umale, learned Counsel for the applicants on instructions makes a statement that the applicants will not claim interest for the period of delay of 1155 days, in case any enhancement is granted.

The statement is accepted.

0901caf2204.19.odt Learned Assistant Government Pleader opposes the application.

For the reasons stated in the application, the delay of 1155 days caused in filing the first appeal is condoned. The civil application is allowed. Office to register the first appeal. The civil application stands disposed of. No order as to costs.

FIRST APPEAL ST. NO.3573/2019 Learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondents - State on merits. Call R & P.

JUDGE Wadkar, P.S.