Pandurang Marotrao Mahindre And Others v. The State Of Maharashtra Thr. Collector Yavatmal And Another

caf2262.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2262 OF 2017 IN FIRST APPEAL STAMP NO.17840 OF 2016 (Subhadrabai w/o Marotrao (Patil) Mahindre (dead) thr. her LR's Pandurang Marotrao Mahindre and others Vs. The State of Maharashtra, thr. its Collector, Yavatmal, Dist. Yavatmal 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 R.J. Shinde, Advocate for Appellant.

Shri A.R. Chutke, AGP for Respondent Nos.1 & 2. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 19 th JULY, 2017.

This is an application for condonation of delay in preferring the appeal. The application is filed by the claimant. Considering the length of the delay and in the light of the judgment of the Apex Court in the case of Imrat Lal vs. Land Acquisition Officer reported in 2013 DGLS (SC) 1065, the delay in the matter is condoned subject to the appellant not being entitled to claim interest on the enhanced amount of compensation from the judgment of the Reference Court till the date.

The application is accordingly allowed and disposed of.

First Appeal Stamp No.17840/2016:

As the dispute in this appeal is already decided.

caf2262.17.O.odt 2 The appeal is kept for final hearing at the stage of admission itself.

Stand over to 26.07.2017.

JUDGE NSN