Bombay High CourtCAF/608/2016ca disposed off

Gunwantrao S/O Wamanrao Dehankar And Another v. State Of Maharashtra Through Collector, Yavatmal And 2 Others

2017-06-08Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf608.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.608 OF 2016 IN FIRST APPEAL STAMP NO.22936 OF 2015 (Gunwant s/o Wamanrao Dehankar and another Vs. State of Maharashtra thr. Collector, Yavatmal, Dist. Yavatmal and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Smt. V.P. Thakare, Advocate for Applicants/Appellants. Shri A.R. Chutke, AGP for Respondent Nos.1 & 3. Shri V.G. Palshikar, Advocate for Respondent No.2. CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 8 th JUNE, 2017.

This is application for condonation of 2424 days delay caused in filing appeal.

It is submitted by the learned counsel for the appellant that in identical circumstances, this Court has allowed the application and condoned the delay. Learned counsel for the appellant has invited my attention to the order dated 12.04.2016 passed by this Court in C.A.F. No.229/2016 in First Appeal Stamp No.19317/2015 and the order dated 25.07.2016 in First Appeal No.22927/2015.

In view thereof, for the reasons stated in paras 2 to 5 of the application as sufficient cause is made out. The application is allowed. Delay is

caf608.16.O.odt 2 condoned. It is made clear that the appellant-claimant shall not be entitled to any interest for the period from the date of the judgment delivered by the Trial Court till this date.

The civil application is disposed of in the aforesaid terms.

First Appeal Stamp No.22936/2015:

Heard.

Admit.

Call R & P.

To be decided finally on the next date as identical matter bearing First Appeal No.1263/2009 is already decided on 26.07.2012. In view thereof, this application is also dispensed of. The matter kept for final hearing on 16.06.2017.

JUDGE NSN