Bombay High CourtCAF/3887/2016admittedallwdgrantedrule absolute

Amol Krushnarao Nistane v. State Of Maharashtra, Represented By The Collector, Amravati And 3 Others

2018-04-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao492.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.492/2018 & M.C.A. NO.307/2018 IN FIRST APPEAL STAMP NO.14806/2016 Amol Krushnarao Nistane ..Vs..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 10.4.2018.

The office note dated 9th April, 2018 shows that Ms. Ashwini Athalye, Advocate has put in appearance for respondent Nos.3 and 4 against whom Civil Application No.3887/2016 is dismissed. None appears for the applicant / appellant. Heard Shri M.A. Kadu, A.G.P. for non-applicants / respondent Nos.1 and 2.

Accepting the explanation given by the applicant /appellant, delay of 163 days in filing application for restoration of appeal is condoned, the order passed by the learned Registrar (J.) on 5th September, 2017 is set aside and Civil Application No.3887/2016 dismissed against non-applicant Nos.3 and 4 is restored. The civil application and miscellaneous civil application are allowed accordingly. No costs.

2 cao492.18 C.A.F. NO.3887/2016 Accepting the explanation given by the applicant / appellant, delay of 1148 days in filing appeal is condoned, however, on condition that the applicant / appellant will not be entitled for interest on the enhanced amount of compensation, if granted. The civil application is allowed accordingly. No costs. FIRST APPEAL STAMP NO.14806/2016 Taken up for hearing on admission.

ADMIT.

Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.1 and 2.

Call record and proceedings.

The appellant shall file private paper book within six months.

JUDGE Tambaskar.