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Bombay High CourtCAF/1016/2020delay condonatedrejected

Manohar S/O Vithoba Khapare (Dead) Through Lrs. Manoj S/O Vaijnath Shukla v. The State Of Maharashtra Representing By Collector, Yavatmal And Others

2021-01-28Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 42 CAF 1016.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1016 OF 2020 IN FIRST APPEAL NO. __________ OF 2021 Manohar s/o Vithoa Khapare (Dead) thr. LR'

s Manoj s/o Vaijnath Shukla ..VS..

State of Maharashtra, thr. Collector, Yavatmal 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 Jafar Ali A Malnas, Advocate for applicant/appellant. Ms. T.H. Udeshi, A.G.P. for respondent nos. 1 and 2. Shri A.J. Gohokar, Advocate for respondent no. 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 28/01/2021 By this application, the applicant/appellant has sought to condone the delay of 3880 days in filing appeal against the judgment and award dated 30.04.2009 passed by learned Civil Judge, Sr. Division, Darwha in L.A.C. No. 1169 of 2004.

2.

Learned Counsel for the applicant states that the appellant/applicant shall not claim any interest for the delayed period.

3.

Considering the said statement and in view of the reasons stated in the application, the delay is condoned. Civil Application stands disposed of accordingly. The applicants shall not be entitled for interest during the delayed period.

FIRST APPEAL NO. ________ OF 2021

2 42 CAF 1016.2020 Learned Counsel for the appellant states that the matter is covered by the judgment dated 09.01.2020 in First Appeal No. 741 of 2006.

2.

In view of which, parties are put to notice that an endevour will be made to dispose of the appeal finally at the stage of admission.

3.

Stand over to 05.02.2021.

JUDGE Trupti