Santosh S/O Bala Derkar(Dead)Through L.Rs. Smt. Kasubai Wd/O. Santoshrao Derkar (Dead) And Others v. The State Of Maharashtra Through Department Of Irrigation Mumbai Through Its Secretary. And Others

36caf737.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CA F ) NO.

/2023 IN FIRST APPEAL STAMP NO. 15735/2022 Santosh S/O Bala Derkar(Dead)Through L.Rs. Smt. Kasubai Wd/O. Santoshrao Derkar (Dead) And Others Vs The State Of Maharashtra Through Department Of Irrigation Mumbai Through Its Secretary. And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr S.P. Kshirsagar. , advocate for the applicants. Mr. M.A.Kadu, AGP for the respondent Nos. 1 and 2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/04/ 3.

1.

Heard.

2.

The present application is for condonation of delay which is caused in preferring the appeal against the judgment and award passed by the learned Reference Court in L.A.C. No. 160/1997 dated 22/07/2016. 3.

As per the contention of the applicants, they are poor agriculturists and not aware about the legal intricacies, and therefore, they could not file the appeal in time. 4.

The applicants are also made a statement that they are ready to waive the interest for the delayed period. 5.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondents Nos. 1 and 2.

6.

None is present for respondent No.3, though the notice is served upon them.

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36caf737.2023.odt 7.

In view of the reasons mentioned in the application and considering that the liberal approach is to be taken to do substantial justice, a delay of 1452 days is condoned, subject to the waiver of the interest for the delayed period. Civil application is disposed of.

First Appeal St. No. 15735/2022 1.

First Appeal be registered.

2.

Call for record and proceedings.

3.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondents Nos. 1 and 2.

4.

Issue notice on merit to respondent No.3.

5.

Appellant to file private paper-book within a period of ten weeks after receipt of record and proceedings. 6.

Appeal be placed before the Court after filing of private paper-book and its verification, as per its turn. JUDGE Signed By:RAJESH K NANDURKAR rkn