Bombay High CourtCAF/1902/2013ca disposed off

State Of Maharashtra And Others v. Kawsalyabai Wd/O Vithoba Sadekar

2016-03-30Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 3003caf1902.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.1902 OF 2013 IN FIRST APPEAL ST. NO.5386 OF 2013 STATE OF MAHARASHTRA AND ORS V.

VS KAWASALYABAI WD/O VITHOBA SADEKAR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. P. Maldhure, Asstt. Govt. Pleader for the applicant. Shri S. P. Kshirsagar Advocate with Shri R. R. Khamatkar Advocate for the respondent Nos.1(A),2(A) & 3 to 10.

CORAM : A.S. CHANDURKAR, J.

DATED : MARCH 30, 2016.

Prayer is to condone the delay in filing the first appeal. The reasons for the delay are mentioned in paras 3 to 8 of the application.

The prayer is opposed by the learned Counsel appearing for legal representatives of the original claimant. It is submitted that no sufficient cause has been mentioned in the application.

Considering the reasons mentioned in the application it does not appear that the delay as caused is deliberate. Hence, for aforesaid reasons, the delay in filing the first appeal stands condoned.

Civil application is allowed and disposed of. FIRST APPEAL ST. NO.5386/2013.

Heard.

Admit.

Call for R & P.

Shri S. P. Kshirsagar, learned Advocate waives

2 3003caf1902.13 notice on behalf of the respondent Nos.1(A) to 1(C), 2(A) to 2(C), 3 to 10.

CIVIL APPLICATION (F) NO.3008/2013.

In terms of order dated 12-12-2013 the appellant has deposited 50% of the amount of compensation awarded. Hence, ad interim stay is confirmed and the same shall operate as interim stay during pendency of the appeal. Civil application is allowed and disposed.

CIVIL APPLICATION (F) NO.2711/2015.

Stand over one week.

JUDGE /MULEY/