Ramdas S/O Bapuna Kakde And Another v. The State Of Maharashtra Through The Collector, Buldhana And Others

(1) 36.caf.10.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.10 OF 2020 IN FIRST APPEAL STAMP NO.17459 OF 2019 Ramdas s/o Bapuna Kakde and another Vs.

The State of Maharashtra, Through the Collector, Buldhana and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Ingole, Advocate h/f Mr. D. G. Patil, Advocate for appellants. Mr. M. A. Kadu, AGP for respondent Nos.1 and 2. Mr. Tariq Zaheer, Advocate for respondent No.3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 27/04/2023 1.

Present application is for condonation of delay. As delay of 3392 days is caused in preferring the appeal against the Judgment and Award passed by the Joint Civil Judge Senior Division, Buldana in Land Acquisition Case No.174/2006.

2.

The application is filed on the ground that due to the financial constraints, the appellants could not file an appeal within time. Moreover, the appellants are poor agriculturist, not aware about the legal intricacies and, therefore, could not approached to the counsel and file an appeal.

3.

Learned AGP Mr. M. A. Kadu, waived notice for respondent Nos.1 and 2 and learned Advocate Mr. Tariq Zaheer waives notice for respondent No.3.

(2) 36.caf.10.2020 4.

In view of the reasons mentioned in the application and considering the period of delay, delay deserves to be condoned, subject to the waiver of the interest on the compensation amount.

5.

Civil application is disposed of.

6.

Appeal be registered.

FIRST APPEAL STAMP NO.17459 OF 2019 1.

Heard.

2.

Admit.

3.

Learned AGP Mr. M. A. Kadu, waives notice for respondent Nos.1 and 2.

4.

Learned Advocate Mr. Tariq Zaheer waives notice for respondent No.3.

5.

Call for record and proceeding.

6.

Appellants to file paper book within ten weeks, after receipt of record and proceeding. 7.

Appeal be placed before the Court after filing of paper book, its verification, as per its own turn. (URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:43