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Bombay High CourtCAF/2744/2017admittedallwdgrantedrule absolute

Digambar S/O Shamrao Dhole (Dead) Thr. Lrs. Pramod Digambar Dhole And Others v. The State Of Maharashtra, Thr.Collector, Yavatmal And Another

2017-07-11Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf 2744-17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2744 of 2017 IN FIRST APPEAL STAMP NO.22230 OF 2016 (Digambar s/o Shjamraoji Dhole through his legal heirs Vs. The State of Maharashtra and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri. R. J.Shinde, Advocate for Appellants.

Shri. A. R. Chutke, AGP for Respondent nos.1 & 2

CORAM

: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.

DATE : 11 th JULY, 2017.

This is an application seeking condonation of delay of 8886 days.

Learned counsel for applicant fairly concedes that in view of the decision of Hon'ble Apex Court in the case of Imrat Lal Vs. Special Land Acquisition Officer, 2013 DGL5 (SC) 1065, applicants will not be claiming interest on the enhanced amount of compensation from the decision of the Reference Court dated 21.3.1992 till the date.

Application is allowed and disposed of accordingly, subject to condition of applicant being entitled to claim interest on the enhanced amount of compensation from the decision of Reference Court on 21.3.1992 till the date.

caf 2744-17.odt 2 FIRST APPEAL STAMP NO. 22230 OF 2016 Learned counsel for appellant submits that in the connected matter as the delay is condoned by this Court, the appeal may be fixed for final hearing at the stage of admission itself.

Considering that Award passed by the Reference Court is of the year 1992, the appeal is fixed for final hearing at the stage of admission itself on 25.7.2017 JUDGE RGIngole