Janardhan S/O Kisan Navghare (Dead) Thr. Lrs. Anirudhabai Wd/O Sheshrao Gawali And Others v. The State Of Maharashtra, Through Special Land Acquisition Officer, Washim

2024:BHC-NAG:7542 1 16-CAF No.232.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 232 OF 2024 IN FIRST APPEAL (ST.) NO. 15568 OF 2023 Janardhan S/o Kisan Navghare (Dead) through LRs. and others ..VS..

State of Maharashtra through Special Land Acquisition Officer, Washim and another --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. N. Ghuge, Advocate for applicant/appellant. CORAM : SANJAY A. DESHMUKH, J.

DATED : 16 th JULY, 2024 1.

This is an application for condonation of delay of 2606 days caused for filing first appeal.

2.

Issue notice to the respondents.

3.

Mr. P. P. Pendke, learned A.G.P. waives service of notice on behalf of respondent No.1 and Mr. Amit Kukday, learned Advocate waives service of notice on behalf of respondent No.2.

4.

Perused the application.

5.

Heard learned Advocates for both sides.

6.

Learned Advocate for the respondents strongly opposed the application.

7.

Considering the reasons stated in the application, the application is allowed. Delay of 2606 days caused for filing first appeal is condoned. It is clarified that if the appeal is allowed, the appellant will not be entitled the interest of delayed period as per the judgment passed in

2 16-CAF No.232.2024 New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma, reported in 2022(16) Scale 653.

8.

The application is disposed of.

FIRST APPEAL (ST.) NO. 15568 OF 2023 1.

Heard.

2.

Admit.

3.

Mr. P. P. Pendke, learned A.G.P. waives service of notice on behalf of respondent No.1 and Mr. Amit Kukday, learned Advocate waives service of notice on behalf of respondent No.2.

4.

Call for record and proceedings.

5.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Kirtak