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Bombay High CourtCAF/106/2022delay condonatedrejected

Shriram Nimbaji Bansod And Another v. The State Of Maharashtra Through Its District Collector, Yavatmal And Others

2022-07-13Hon'Ble Smt. Justice M. S. Jawalkar1 pages

34 caf 106-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 106/2022 IN FIRST APPEAL STAMP NO. 12922/2021 Shriram Nimbaji Bansod and others Vs.

The State of Maharashtra through its District Collector, Yavatmal and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Anurag Mankar, Advocate h/f Shri K.S. Narwade, Advocate for appellants Shri A.M. Kadukar, A.G.P. for respondent Nos.1 & 2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 13/07/2022 The present application is filed for condonation of delay in filing first appeal.

2.

None for the respondent No.3 in spite of service. 3.

By this application it is pointed out that there is delay of 2842 days. It is submitted that the appellants are illiterate persons and belong to rural area of Yavatmal District. There is less awareness about their legal rights. The appellant also undertake to waive interest for the delayed period, if amount is enhanced.

4.

I am satisfied that there are sufficient and bonafide reasons for condoning the delay. Hence, I allow the application. Delay in filing first appeal is hereby condoned, subject to condition that appellant would not claim any interest, for the delayed period, if amount is enhanced. 5.

The application is disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..