Nandkishor Uddhavrao Deshmukh v. The State Of Maharashtra, Thr.Colletor, Amravati And Others
caf 349.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 349 OF 2019 with CIVIL APPLICATION (CAF) NO. 350 OF 2019 in FIRST APPEAL (ST.) NO. 23249 OF 2016 [Nandkishor Uddhavrao Deshmukh Vs. The State of Maharashtra and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri D. M. Surjuse h/f. Shri S.U. Nemade, Advocate for the appellant Shri Nikhil Joshi, AGP for respondent nos. 1 and 2. Shri M. A. Kadu, Advocate for respondent no. 3. CORAM : M. G. GIRATKAR, J.
DATE : 24/06/2019 Heard learned Advocate Shri Surjuse holding for learned Advocate Shri S.U. Nemade for the appellant. He has submitted that very less amount of compensation is granted for open plot and construction. Therefore, prayed to condone the delay.
The delay is of 552 days and the same is caused due to poor financial condition of the appellant. Learned AGP Shri Joshi for respondent nos. 1 and 2 and learned Advocate Shri Kadu for respondent no. 3 strongly objected the application.
Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned, subject to waiving of interest of delay period of 552 days. Appeal be registered.
caf 349.2019.odt CIVIL APPLICATION (CAF) NO. 350 OF 2019 Looking to the grounds mentioned in the application, the application is allowed. The applicant is temporarily exempted from payment of court fee. The appellant is directed to pay deficit court fee within a period of 4 weeks.
FIRST APPEAL (ST.) NO. 23249 OF 2016 Heard.
Admit.
Issue notice to the respondents.
Shri Joshi, learned AGP waives notice on behalf of respondent nos. 1 and 2.
Shri Kadu, learned Advocate waives notice on behalf of respondent no. 3.
Call R & P.
Put up this matter for final hearing after receipt of R and P.
JUDGE SMGate