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Bombay High CourtCAO/1042/2022allowed

Pandurang Shreeram Mahalle And Others v. State Of Maharashtra Through Its Collector, Akola And Others

2022-12-15Hon'Ble Shri Justice Avinash G. Gharote2 pages

85. CAO 1042 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.1042/2022 IN CROSS-OBJECTION ST. NO.15053/2022 IN FIRST APPEAL NO.52/2022 Pandurang Shriram Mahalle (Applicant) ...Versus...

The State of Maharashtra, through Collector, Akola, District Akola 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 K.P. Mahalle, Advocate for applicant Mrs. M.H. Deshmukh, AGP for respondent nos.1 and 2 Shri M.M. Agnihotri, Advocate for respondent no.3 CORAM : AVINASH G. GHAROTE, J.

DATE : 15/12/2022 1.

The civil application seeks condonation of delay of 171 days in filing the cross-objection.

2.

Shri Agnihotri, learned counsel for the respondent no.3, upon instructions, makes a statement that the claimant shall not claim any interest on the enhanced amount. He also makes a statement that in case this Court comes to a conclusion that New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal Heir and another, 2022 SCC OnLine SC 1599 is applicable, as against Ningappa Thotappa Angadi Dead)

85. CAO 1042 of 2022.odt through Legal Representatives Vs. Special Land Acquisition Officer and another, (2020) 19 SCC 599, he will abide by the decisions rendered on that point of time.

3.

Accepting the statement made by Shri Agnihotri, learned counsel for the respondent no.3, the delay in filing the cross-objection is condoned. The civil application is allowed and disposed of. The cross-objection be heard along with first appeal. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR