Bombay High CourtCAF/2547/2016admittedallwdgrantedrule absolute

Kisan Savai Rathod v. The State Of Maharashtra Thr. Collector, Yavatmal And Others

2016-09-16Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf2547.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2547 OF 2016 IN FIRST APPEAL ST. NO.13329 OF 2016 (KISAN SAWAL RATHOD...VS..STATE OF MAHARASHTRA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Deshpande, advocate for appellant/applicant. Shri M.A.Kadu, A.G.P. for respondent Nos. 1 & 2. Shri S.S.Godbole, advocate for respondent No.3. CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 16, 2016.

Accepting the reasons stated in the application, which are not controverted and on undertaking given on behalf of the applicant-appellant that he will not claim interest on the amount of enhanced compensation if granted by this Court, from the date of award till 20th June, 2016 i.e. the date on which the appeal is filed before this Court, the delay of 467 days in filing the appeal is condoned. The civil application is allowed.

FIRST APPEAL ST.NO. 21885/2014.

Taken up for hearing on admission.

ADMIT.

Call R & P.

2 caf2547.16 Shri M.A.Kadu, A.G.P. waives notice for the respondent Nos.1 and 2 and Shri S.G.Jagtap, advocate waives notice for the respondent No.3.

The appellant shall file private paper book within six months.

At the time of hearing of the application praying for condonation of delay, the appellant has given undertaking that he will not claim interest on the amount of enhanced compensation, if granted by this Court, from the date of award till 20th June, 2016 i.e. the date on which the appeal is filed.

JUDGE RRaut..

3 caf2547.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 17/09/2016.