Dilip S/O Deorao Kale v. The State Of Maharashtra Through Collector, Wardha And Others

caf.4442.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.4442 of 2019 in First Appeal St.No.12858 of 2019 Dilip Deorao Kale vs.

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

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri C.R. Najbile, Advocate for the Applicant/Appellant. Shri M.A. Kadu, A.G.P. for Respondent Nos.1 & 2. Shri S.G. Jagtap, Advocate for Respondent No.3.

CORAM

: S.M. MODAK, J.

DATE : 15 th DECEMBER, 2020 Heard.

Though the claimant has accepted the compensation, he could not start with his livelihood i.e. how he could not prefer the appeal in time. There is a delay of 1277 days. The prayer is opposed on behalf of the respondents. The reasons are convincing. It is also better to decide the matter on merits. Hence, the following order :

Delay of 1277 days caused in preferring the appeal is condoned subject to waiver of interest for that period. The appeal be registered.

The application is allowed and disposed of accordingly.

First Appeal St. No.12858/2019 :

Heard.

caf.4442.19 2/2 Issue notice to the respondents.

Shri Kadu, learned A.G.P. waives notice for respondent Nos.1 & 2 and Shri Jagtap, learned Advocate waives for respondent No.3.

Call for record and proceedings.

Paper book be filed within a period of one year.

The appellant is directed to supply copies to all the respondents.

JUDGE *sandesh