Dagadu Narsing (Koli) Narewad (Dead) Thr. Lrs. Datta Dagadu Narewad And Others v. The State Of Maharashtra Through Collector, Yavatmal And Others

2025:BHC-NAG:1853 7 CAF-136-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.136 OF 2025 IN FIRST APPEAL (ST) NO.22789 OF 2019 [Dagadu Narsing (Koli) Narewad (Dead) thr LRs. ..Vs.. The State of Maharashtra and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr V. N. Patre, Advocate for Applicant/Appellant. Mr S. B. Bissa, AGP for Non-Applicants/State. Mr M. A. Kadu, Advocate for Non-Applicant/Respondent No.2.

CORAM

: M. W. CHANDWANI, J.

DATE : 24 th FEBRUARY , 2025.

1.

Heard.

2.

By the present application, the applicants/appellants seek to file an appeal against the impugned award passed by the Reference Court.

3.

The contention is that after the reference came to be dismissed, the original claimant expired, therefore, the legal representatives of the original claimant are intending to file appeal.

4.

Since right to sue survives in favour of the applicants, the application is allowed and leave to file appeal is granted. 5.

The application is disposed of accordingly.

CIVIL APPLICATION (F) NO.629 OF 2020 6.

By this application, the applicants/appellants seek to condone the delay of 2657 days caused in filing the appeal.

7 CAF-136-2025 7.

The contention is that after the reference came to be dismissed, the original claimant died. The legal representatives of the original claimant were not having any knowledge about dismissal of reference, which was filed by their father. 8.

For the reasons mentioned in the application, the application is allowed. The delay caused in filing the appeal is hereby condoned. The appeal be registered and numbered accordingly.

9.

It is made clear that the applicants/appellants shall not be entitled to the interest for the delayed period. 10.

The civil application stands disposed of.

FIRST APPEAL (ST) NO.22789 OF 2019 11.

Heard.

12.

Mr S. B. Bissa, learned AGP waives service of notice on behalf of respondent Nos.1 and 3 and Mr M. A. Kadu, learned counsel waives service of notice on behalf of respondent No.2. 13.

Stand over after three weeks.

JUDGE Tambe