Gajanan S/O Mangu Jadhav v. The Collector, Buldhana And Others

caf643.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.643 OF 2024 IN FIRST APPEAL ST. No.24472 OF 2023 (Gajanan s/o. Mangu Jadhav Vs. The Collector, Buldhana, Tah. And Distt. Buldhana and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N.B. Kalwaghe, Advocate for applicant.

Mr. M.A. Kadu, AGP for respondent Nos.1 and 2. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 26 th JULY, 2024.

1.

This is an application for condonation of delay of 427 days caused for filing the appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned A.G.P. for the respondent Nos.1 and 2 have strongly objected the application.

5.

For the reasons stated in the application, the application deserves to be allowed.

6.

The application is allowed in the interest of justice.

7.

The delay of 427 days caused for filing the appeal is condoned with condition that applicant is not entitled for the statutory benefits like interest, etc. for the delayed period in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma

caf643.24.odt 2/2 (Dead), through Legal Heir and another (2022 SCC Online SC 1599).

8.

The application is disposed of.

FIRST APPEAL ST. No.24472 OF 2023.

1.

Issue notice to the respondents.

2.

Call for Record and Proceedings.

3.

Shri M.A. Kadu, learned A.G.P. waives service of notice on behalf of respondent Nos.1 and 2. 4.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 29/07/2024 14:56:33