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Bombay High CourtCAF/2341/2022ca disposed off

Smt. Kusumbai Manohar Kannawar v. The State Of Maharashactra Through The Collector, Yavatmal And Others

2023-01-18Hon'Ble Justice Urmila Joshi Phalke1 pages

30 caf2341.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.2341/2022 IN FA ST.NO.15617/2022 Smt.Kusumbai Manohar Kannawar ..vs..

The State of Mah., thr.the Collector, Yavatmal and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri G.R.Kothari, Counsel for the Applicant.

Mrs.Shamsi Haider, AGP for the State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 18/01/2023 1.

This application for condonation of delay in preferring the first appeal is filed by the original claimant for enhancement of compensation. Delay is of 107 days.

2.

Learned Assistant Government Pleader Mrs.Shamsi Haider waives service for non-applicant Nos.1 and 2. 3.

It is contended by the applicant that the delay is caused due to financial difficulties during Covid-19 pandemic. 4.

Learned Assistant Government Pleader opposes the application on the ground that the delay is deliberate one. 5.

The applicant is a lady and illiterate person and not aware about legal provision.

6.

It is settled law that while considering applications for condonation of delay, the Court should adopt liberal and pragmatic approach.

7.

For reasons stated in the application, the application is allowed. The delay stands condoned, however the same shall be on waiver of interest of 107 days. Office to register the first appeal. 8.

Record and proceedings be called for.

9.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) by BHUSHAN RANA WANKHEDE Date:

2023.01.19 11:41:26 +0530 BHUSHAN RANA WANKHEDE !! BrWankhede !!

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