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Bombay High CourtCAF/97/2015dispossed offdismiss for default

Shri. Datta Mandir Deosthan Through Shobha Wd/O Dyaneshwar Lokhande And Others v. The State Of Maharashtra Through The Collector, Yavatmal And 2 Others

2015-04-07Hon'Ble Shri Justice A.S. Chandurkar2 pages

caf97.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application (CAF) No. 97 of 2015 in First Appeal St. No. 19870 of 2014 (Shri Datta Mandir Deosthan through Shobha wd/o Dyaneshwar Lokhande and ors. Vs. The State of Mah. through the Collector, Yavatmal and ors.) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... Shri S. V. Ingole, Advocate for applicant Shri H. D. Dubey, AGP for respondent nos. 1 and 3 Shri S. G. Jagtap, Advocate for respondent no. 2 CORAM: A. S. CHANDURKAR J.

DATED: 7-4-2015.

Prayer is to condone delay in filing the first appeal.

Though the prayer as made is opposed by learned counsel for respondent no. 2, it is stated that reasons given in the application are not sufficient. It is also submitted that if delay is condoned, the applicant should not be granted interest on the enhanced amount for the period of delay.

Considering the reasons assigned in the application, delay in filing the first appeal

caf97.15 stands condoned, however, the applicant will not be entitled to claim interest on the enhanced amount of compensation from 11-4-2014 till today.

The civil application is disposed of.

First Appeal St. No. 19870 of 2014 Heard.

Admit.

Call for R & P.

Shri Jagtap, learned counsel waives notice for respondent no. 2 and learned AGP waives notice for respondent nos. 1 and 3.

JUDGE wasnik