Vishwasrao Gulabrao Kale v. State Of Maharashtra Through Collector, Wardha And 2 Others
caf927.18 46
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.927/2018 IN FA ST.NO.12147/2016 Vishwasrao Gulabrao Kale ..vs..
State of Mah., thr. Collector, Wardha and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri V.N. Patre, Counsel for the applicant.
Shri M.A. Kadu, Counsel for non-applicant No.3. Shri I.J. Damle, AGP for non-applicant Nos.1 and 2.
CORAM
: V.M. DESHPANDE, J.
DATED : SEPTEMBER 25, 2018.
1.
This is an application for condonation of delay in filing an appeal.
2.
Heard learned counsel Shri V.N. Patre for the applicant, learned counsel Shri M.A. Kadu for non-applicant No.3, and learned Assistant Government Pleader Shri I.J. Damle for nonapplicant Nos.1 and 2/State. 3.
The applicant filed an appeal before this Court challenging judgment and decree dated 4.2.2015 passed by learned 2nd Joint Civil Judge Senior Division, Wardha in LAC No.124/2008, since according to the applicant, compensation granted to him in his favour was too meagre. For filing the appeal, there was a delay of 391 days. Hence, the present application for condonation of delay is filed.
4.
After hearing learned counsel for the parties and after perusing contents of the application, it appears that the applicant .....2/-
caf927.18 46 was prohibited in view of his medical problem and, therefore, the appeal could not be filed within time.
5.
Hence, for the reasons stated in the application, the application is allowed. Delay in filing the appeal is hereby condoned. Office is directed to register the first appeal. The civil application stands disposed of accordingly.
FA ST.NO.12147/2016 1.
Heard.
2.
ADMIT.
3.
The record and proceedings be called for.
4.
Learned counsel Shri M.A. Kadu waives service for respondent No.3. and learned Assistant Government Pleader Shri I.J. Damle waives service for non-applicant Nos.1 and 2/State. JUDGE !! BRW !!
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