Bombay High CourtCAF/3786/2016ca disposed off

Manikrao S/O. Vithoba Deshmukh (Since Dead Thr. Lrs) Digambar S/O Manikrao Deshmukh And Others v. The State Of Maharashtra Thr. The Collector Buldhana

2017-06-27Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf3786.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3786 OF 2016 IN FIRST APPEAL STAMP NO.16249 OF 2016 (Manikrao s/o Vithoba Deshmukh (since dead thr. LR's) Digambar s/o Manikrao Deshmukh and others Vs. The State of Maharashtra, thr. the Collector, Buldana and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri K.S. Narwade, Advocate for Appellants.

CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 27 th JUNE, 2017.

Heard learned counsel for the appellants, Ms. Shamsi Haider, the learned A.G.P. for respondent No.1 and Shri S.K. Bhoyar, the learned counsel for respondent No.2.

Considering the length of delay, which is of 475 days in filing this appeal. Learned counsel for the appellants submits that he is ready to give up the interest for the period from the date 05.11.2015 till the date on the enhanced amount of compensation.

Statement accepted.

In view of the statement and in the light of the law laid down by the Apex Court, the delay in filing of the appeal is condoned with a condition that appellant will not be entitled to claim any interest on

caf3786.16.O.odt 2 the enhanced amount of compensation from filing 05.11.2015, when he received the amount of compensation till the date.

Application is allowed with no order as to costs and stands disposed of.

First Appeal Stamp No.16249/2016:

Heard.

Admit.

Call for R & P.

Appellant to file private paper-book within a period of six months, after the receipt of R & P. Ms. Shamsi Haider, the learned A.G.P. waives service of notice for respondent No.1 and Shri S.K. Bhoyar, the learned counsel for respondent No.2.

JUDGE NSN