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Bombay High CourtCAF/3175/2023delay condonatedrejected

Moreshwar Pandurang Junghare v. State Of Maharashtra Through Collector, Yavatmal And Others

2023-12-14Hon'Ble Shri Justice Anil S. Kilor2 pages

2023:BHC-NAG:17250 56-caf-3175-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 3175 of 2023 in First Appeal Stamp No. 13285 of 2021 Moreshwar Pandurang Junghare (dead) through legal representatives Sumant S/o Moreshwar Junghare

Versus

State of Maharashtra through Collector, Yavatmal and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D.Dharaskar, Advocate for the applicant Shri Sachin Narale, AGP for the respondent nos. 1 and 2.

CORAM : ANIL S. KILOR, J.

DATED : 14th DECEMBER, 2023.

This is an application for condonation of 2142 days' delay caused in filing the first appeal. 2.

Heard learned counsel for the applicant. None for the respondent no.3, though served.

3.

After going through the application more particularly paragraphs 3 and 4 of the application, I am of the opinion that sufficient cause has been shown by SKNair

56-caf-3175-23.odt the appellant to explain the delay caused in filing the first appeal.

4.

In that view of the matter, the application is allowed. The delay caused in filing the first appeal is hereby condoned subject to condition that the claimant/ appellant herein shall not be entitled to interest payable on the enhanced compensation and statutory benefits, if any, granted for the delayed period. Appeal be registered.

5.

Civil application is disposed of.

[ANIL S. KILOR, J.] SKNair