Aniruddha S/O Govindra Awagan (Dead) Thr. Lrs Sau. Maltibai Wd/O Aniruddha Awagan And Others v. The State Of Maharashtra, Through The Collector, Yavatmal And Others

2024:BHC-NAG:6296 1 15-CAS No.962.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 962 OF 2023 IN FIRST APPEAL (ST.) NO. 5437 OF 2023 Aniruddha S/o Govindrao Awagan (Dead) through his legal heirs ..VS..

The State of Maharashtra through the Collector, Yavatmal and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Gunjan Kothari, Advocate for applicants/appellants. Mr. M.A. Kadu, AGP for respondent Nos.1 and 2. CORAM : SANJAY A. DESHMUKH, J.

DATED : 20 th JUNE, 2024 This is an application for condonation of delay filed under Section 5 of the Limitation Act. Delay of 10139 days is caused for filing an appeal.

2.

Heard learned Counsel for both sides.

3.

Learned AGP for the respondent Nos.1 and 2 strongly opposed the said application.

4.

Considering the reasons stated in the application, application deserves to be allowed conditionally. 5.

The application is allowed. Delay of 10139 days is caused for filing the appeal is condoned. However, in view of the Judgment in New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma, reported in 2022(16) Scale 653, the

2 15-CAS No.962.2023 applicants/ appellants is not entitled for interest for the period of delay.

6.

The Application is disposed of.

(SANJAY A. DESHMUKH, J.) Kirtak