Bombay High CourtCAF/3379/2018admittedallwdgrantedrule absolute

Bhaurao S/O Sakharam Wanjari v. The State Of Maharashtra Through Collector, Chandrapur And Another

2019-01-25Hon'Ble Shri Justice A.S. Chandurkar2 pages

928-CAF-3379-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3379 OF 2018 IN FIRST APPEAL ST. NO.26959 OF 2017 Bhurao s/o Sakharam Wanjari -vs- The State of Maharashtra, Thr. Collector, Chandrapur and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms Shital Dhawas, Advocate h/f Shri A. Satpute, Advocate for applicant/appellant.

Ms H. N. Prabhu, AGP for respondent No.1/State. Shri M. A. Kadu, Advocate for respondent No.2. CORAM : A.S.CHANDURKAR, J.

DATE : January 25, 2019 Notice on the application is made returnable forthwith. Ms H. N. Prabhu, learned Assistant Government Pleader waives notice for non-applicant No.1. Shri M. A. Kadu, learned counsel waives notice for non-applicant No.2.

Prayer is to condone delay in filing the appeal. The reasons for cause of delay are mentioned in paragraphs 3 to 5 of the application.

The prayer as made is opposed by the learned counsel for the non-applicants.

Considering reasons mentioned which are found to be acceptable the delay in filing the appeal stands condoned subject to the claimants not being entitled for interest on the amount of compensation if enhanced for

928-CAF-3379-18 2/2 the period from 07/10/2016 to 11/12/2017. Delay is condoned on aforesaid terms.

Civil Application is disposed of.

First Appeal St. No.26959 of 2017 Heard.

Admit.

Call for record and proceedings.

Ms H. N. Prabhu, learned Assistant Government Pleader waives notice for respondent No.1. Shri M. A. Kadu, learned counsel waives notice for respondent. No.2.

In view of orders passed on Civil Application No.3379 of 2018, the claimants would not be entitled for interest on the amount of compensation if enhanced for the period from 07/10/2016 to 11/12/2017. JUDGE Asmita