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Bombay High CourtCAF/836/2015admittedallwdgrantedrule absolute

Siddheshwar S/O Vithobaji Ughade v. The State Of Maharashtra Through The Collector, Yavatmal And 2 Others

2015-04-08Hon'Ble Shri Justice A.S. Chandurkar2 pages

0804caf836.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 836 OF 2015 AND FIRST APPEAL ST. NO. 22075 OF 2015 Siddheshwar Vithobaji Ughade Vs. State of Maharashtra thr Collector Yavatmal & 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 Adv for appellant.

Smt M. N. Hiwase AGP for respondent nos. 1 & 2. Shri Jagtap Adv for respondent no. 3.

CORAM: A. S. CHANDURKAR J.

DATED: 08 APRIL, 2015.

Issue notice on the application to the non applicants. Learned Assistant Government Pleader waives notice on behalf of non applicants nos. 1 and 2. Shri Jagtap, learned counsel waives notice on behalf of respondent no.3.

Prayer is to condone delay in filing first appeal. Reasons have been mentioned in paragraphs 2 and 3 of the application. It is stated that in some what similar circumstances this Court was pleased to condone delay of similar period by order dated 22.10.2013 in Civil Application No. 676 of 2013.

Though the application is opposed by learned counsel for the respondents, considering the earlier order passed, the delay in filing first

0804caf836.15 appeal stands condoned. However, the same is subject to applicant not claiming interest on the enhanced amount of compensation for period from 18.08.2006 till date. Civil Application is allowed in aforesaid terms and disposed of.

First Appeal St. No.22975 of 2015: Heard. Admit. Call for record and proceedings.

Learned Assistant Government Pleader waives notice on behalf of respondent nos. 1 and 2. Shri Jagtap learned counsel waives notice on behalf of respondent no.3.

It is clarified that applicant will not be entitled to claim interest on the enhanced amount of compensation for the period from 18.08.2006 till date in view of the order passed on Civil Application No. 836 of 2015.

JUDGE svk