Shivhar Gangaram Dumare And Others v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2025:BHC-NAG:7706 1 12-CAF-727-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.727 OF 2021 IN FIRST APPEAL ST. NO.6099 OF 2020 Shivhar Gangaram Dumare, Amdapur, Tq. Umarkhed, Dist. Yavatmal and ors. vs.

The State of Maharashtra, Thr. The 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 V. N. Patre, Advocate for applicants/appellants Smt M. R. Kavimandan, Assistant Government Pleader for respondent Nos. 1 & 3. Shri K. R. Lule, Assistant Government Pleader for respondent No.2. CORAM :

ABHAY J. MANTRI, J.

DATED : 06-08-2025 The applicants/appellants have filed this application to condone the delay of 623 days in filing the appeal, for which the learned Advocate for respondent No.2 and the learned Assistant Government Pleader for respondent Nos. 1 and 3 have objected. 2.

The learned Advocate for the applicants on instructions submitted that the applicants are ready to waive the statutory benefits and interest for the delayed period. 3.

Having considered the reasons disclosed in the application as well as having gone through the impugned judgment, I do not find substance in the objection; hence, in the interest of justice, the application is allowed as prayed. The delay of 623 days in filing the appeal is condoned. Appeal be registered accordingly. 4.

It is made clear that applicants/appellants shall not be entitled to the statutory benefits and the interest on the enhanced compensation, if any, for the period from the date of the impugned judgment and order till the registration of the appeal, excluding the appeal period for filing the appeal. Civil Application is disposed of. (ABHAY J. MANTRI, J.) Asmita