State Of Maharashtra Through Collector, Yavatmal And Another v. Mr. Narendra Ramchandra Bhagat And Another

C.A.No.2072/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT NAGPUR CIVIL APPLICATION NO.2072 OF 2015 IN FIRST APPEAL ST.NO.11887 OF 2015 State of Maharashtra, through Collector, Yavatmal and anr.

..Applicants

Versus

Narendra Ramchandra Bhagat and anr.

..Respondents Mrs M.S. Naik, A.G.P. for applicants Mr Anand Parchure, Advocate for respondent no.1 Mr S.G. Jagtap, Advocate for respondent no.2 CORAM : N.W. SAMBRE, J.

DATE : 26th April 2017 PER COURT 1.

The application is opposed by land owners based on the Division Bench judgment of this Court dated 23rd March 2015 passed in C.A.F. No.59/2015 in First Appeal St.No.21169 of 2014, which is produced along with reply.

2.

Learned Assistant Government Pleader and learned Counsel for acquiring body placed reliance upon the order passed in Civil Application (F) No.1234 of 2015 in First Appeal St.No.3611 of 2015 so as to submit that in the appeal preferred by the State Government against the wife of the land owner in the present case, already delay was condoned.

C.A.No.2072/2015 3.

In my opinion, having heard the learned Counsel for the appellant, reasons cited for condonation of delay, an additional affidavit filed therein, the delay stands condoned subject to payment of costs of Rs.5,000/- to be paid to land owners within a period of eight weeks from today.

4.

Civil Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr