Bombay High CourtCAF/1145/2014admittedallwdgrantedrule absolute

Parasraj Premraj Jain v. State Of Mah. Thr. Special Land Azquisition Officer And Another

2015-01-27Hon'Ble Shri Justice Z.A. Haq2 pages

271caf1145.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1145 OF 2014 IN FIRST APPEAL ST. NO.19981 OF 2013 (Parasraj Premraj Jain .vs. State, through Spl. Land Acquisition Officer, Akola and anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 27.01.2015.

CIVIL APPLICATION (CAF) NO.1145 OF 2014 Heard Mr.J.B.Gandhi, learned Advocate for the applicant, Mr.M.A.Kadu, learned Advocate for non-applicant no.1 and Mr.A.B.Patil, learned Advocate for non-applicant no.2. For the reasons stated in the application and considering the facts in the case, specially the age of the applicant, the delay in filing the appeal is condoned. The Civil Application is allowed. However, on the undertaking given by the learned Counsel on behalf of the applicant, on instructions, that the appellant shall not claim interest on the amount that would be found receivable by him for the period from the date of the impugned order till today. The undertaking given on behalf of the appellant is accepted.

271caf1145.14.odt First Appeal St. No.19981 of 2012 First Appeal St. No.19981 of 2012 is taken up for admission.

Admit.

Mr.M.A.Kadu, learned A.G.P. waives notice on behalf of respondent no.1. Mr.A.B.Patil, learned Counsel waives notice on behalf of respondent no.2 The appellant has given an undertaking through his Advocate that the appellant would not claim any interest on the amount that would be found receivable by him from the date of the impugned order till today, which is recorded in the order passed by this Court on Civil Application No.1145 of 2014 for condoning delay.

Filing of private paper book is dispensed with. However, the parties are at liberty to file copies of the documents on which they seek to rely at the time of final hearing. JUDGE jaiswal