Mithabai Ramchandra Pawar (Deceased Through Lrs) Subhash Ramchandra Pawar And Others v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

16-CAF-2507-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2507 OF 2016 IN FIRST APPEAL ST. NO.13334 OF 2016 Mithabai Ramchandra Pawar (Deceased through LRs) Subhash Ramchandra Pawar and ors. -vsThe State of Maharashtra, Thr. Collector Yavatmal, Dist. Yavatmal and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Anand Deshpande, Advocate for applicant/appellant. Ms S. Haider, AGP for respondent Nos.1 and 2. Shri S. S. Godbole, Advocate for respondent No.3. CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 20, 2017 This is an application for condonation of delay of 439 days in filing the first appeal. The reasons for delay are stated in paragraphs 2 to 5 of the application. The application is opposed by learned counsel for the respondents.

Considering reasons mentioned in the application as sufficient cause is made out, the delay stands condoned subject to condition of claimant not being entitled for interest on the amount of compensation if enhanced for the period from 18/12/2014 till 20/06/2016.

Civil application is allowed and disposed of. F.A.St. No.13334 of 2016 Heard. Admit. Call for record and proceedings. Learned Assistant Government Pleader waives

16-CAF-2507-16 2/2 notice on behalf of respondent Nos.1 and 2. Shri Godbole, learned counsel waives notice on behalf of respondent No.3.

Appellant to file paper-book within six months after receipt of record and proceedings.

In view of order passed on C.A.F.No.2507 of 2016, the claimant would not be entitled for interest on the amount of compensation if enhanced for the period from 18/12/2014 till 20/06/2016.

JUDGE Asmita