Sindhubai Nimbaji Ambhore v. The State Of Maharashtra, Through Collector, Buldhana And Others

35 caf918.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.918 OF 2024 IN FIRST APPEAL STAMP NO.3710 OF 2024 Sindhubai Nimbaji Ambhore Vs. State of Maharashtra and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri N.B. Kalwaghe, Advocate for appellant.

Ms S.V. Kolhe, AGP for respondent nos.1 and 2/State. Shri P.B. Patil, Advocate for respondent nos.3 and 4. CORAM :

SMT. M.S. JAWALKAR & M.W. CHANDWANI, JJ.

DATE : 26.11.2024.

Present application is filed for condonation of delay of 2500 days in filing the appeal.

2.

The application is vehemently opposed by the respondent nos.3 and 4 - the Acquiring Body and even by respondent nos.1 and 2, however, in view of the reasons mentioned in paragraphs 2 to 8, we are satisfied that delay in filing the appeal can be conditionally condoned by restricting the claim of the appellant in respect of interest for delayed period. As such, the application is allowed however the applicant/appellant would not be entitled for interest for delayed period, if amount of compensation is enhanced. Registry to register the appeal.

3.

Application stands disposed of.

35 caf918.24.odt FIRST APPEAL STAMP NO.3710 OF 2024 4.

Heard.

5.

Admit.

6.

Call R&P.

7.

Ms Kolhe, learned AGP waives notice on merit on behalf of respondent nos.1 and 2.

8.

Shri Patil, learned counsel waives notice on merit on behalf of respondent nos.3 and 4.

(M.W. CHANDWANI, J.) (SMT. M.S. JAWALKAR, J.) Wagh