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Bombay High CourtCAF/256/2020delay condonatedrejected

Vithoba S/O Domaji Didpaye v. The State Of Maharashtra Through Collector, Wardha And Others

2021-08-05Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

30CAF 256.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 256 OF 2020 IN FIRST APPEAL ST. NO. 12850 OF 2019 (Vithoba s/o Domaji Didpaye, Wardha Vs. The State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri C.R. Najbile, Advocate for the applicant/ appellant.

Shri A.R. Chutke, A.G.P. for respondent Nos.1 and 2. Shri M.A. Kadu, Advocate for respondent No.3. .....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 05, 2021.

Heard.

2] This is an application seeking condonation of delay of 1472 days caused in filing the First Appeal.

3] It is stated that the applicant is a rustic villager and is not conversant with the legal affairs. The other reasons are stated in para 3 of the application.

4] Considering the reasons mentioned in the application, so also considering the law laid by the Hon'ble Supreme Court in the case of Imrat Lal And Others Vs. Land Acquisition Collector And Others, 2014 (9) SCALE 446, the application is

30CAF 256.2020 allowed. Delay of 1472 days caused in filing the Appeal stands condoned. Appeal be registered. FIRST APPEAL NO............/2021.

5] Admit.

6] Shri Chutke, learned A.G.P., waives service of notice for respondent Nos.1 and 2. 7] Shri Kadu, learned counsel, waives service of notice for respondent No.3.

8] Call R & P.

JUDGE Sumit