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Bombay High CourtCAF/1608/2022delay condonatedrejected

Shrikrishna S/O Janardan Mahakal v. The State Of Maharashtra Through The Collector, Buldhana And Others

2022-09-08Hon'Ble Smt. Justice M. S. Jawalkar1 pages

1 27caf1608.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1608 OF 2022 IN FIRST APPEAL ST. NO.7684 OF 2020 [Shrikrishna s/o Janardan Mahakal .vs. The Collector, Buldana and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Dharaskar, Adv. h/f Shri K.S. Narwade, Adv. for appellant, Shri M.A. Kadu, AGP for respondent nos.1 and 2. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 08/09/2022 .

Present application is filed by applicant-appellant for condonation of delay in filing first appeal. There is delay of 1496 days.

2.

The ground for the delay is financial difficulty. It is stated that even amount of enhanced compensation came to be paid in October-2018. The amount granted by the Land Acquisition Officer was very meagre. In view thereof, the delay is caused in filing the first appeal. The applicant is resident of Chikhali, Tah. Malkapur, District-Buldhana. Learned counsel for the applicant makes a statement that if amount is enhanced in appeal, he will not claim any interest on delayed period. 3.

In view thereof, application is allowed. The delay in filing first appeal is hereby condoned, subject to condition that the appellant will not claim any interest of enhanced compensation for the delayed period. Registry is directed to register the first appeal. 4.

Application is allowed and disposed of.

[Smt. M.S. Jawalkar, J.] Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur Gulande