Dayaram S/O Hardas Rathod Thr. P.O.A. Santosh S/O Dayaram Rathod v. The State Of Maharashtra Through Collector, Yavatmal And Others

caf.164.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.164 of 2020 in First Appeal St. No.11637 of 2019 Dayaram s/o Hardas Rathod vs.

The State of Maharashtra, through Collector, Yavatmal & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.V. Ingole, Advocate for the Applicant-Appellant. Ms. H.N. Jaipurkar, A.G.P. for the Respondents.

CORAM

: S.M. MODAK, J.

DATE : 17 th JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

There is a delay of 628 days in preferring an appeal. The judgment was delivered on 10/04/2017 and copy was applied on 18/05/2017 and delivered on 26/07/2017. Due to financial difficulties, the claimant could not prefer an appeal in time. Condonation is opposed on behalf of the respondents. I find the reasons convincing. The only thing is that for that condoned period, the appellant will not get interest if at all he will succeed in the appeal. Hence, the order : The delay of 628 days caused in preferring the appeal is condoned subject to waiver of interest for the delayed period.

First Appeal St. No.11637/2019 :

Heard.

Issue notice to the respondents.

caf.164.20 2/2 Ms. Jaipurkar, learned A.G.P. waives notice for the respondents.

Admit.

Call for record and proceedings.

JUDGE *sandesh