Tulshiram S/O Sakharam Dehankar (Died On 24-09-2021) Thr. Lrs. Abhiman S/O Tulshiram Dehankar v. The State Of Maharashtra, Represented By The Collector, Yavatmal And Others

2024:BHC-NAG:7852 1 17-CAF-956-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 965 OF 2024 IN FIRST APPEAL ST. NO. 17488 OF 2023 TULSHIRAM S/O SAKHARAM DEHANKAR (DIED) THROUGH LRS AND OTHERS Vrs.

THE STATE OF MAHARASHTRA AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. V. Ingole, Advocate for applicants/appellants. Shri M.A.Kadu, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/07/2024.

1.

This is an application for condonation of delay of 6174 days caused for filing the appeal. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned counsel for the respondents has strongly objected the application.

5.

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

6.

It is clarified that the applicants are not entitlled for 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

2 17-CAF-956-24.odt (Dead), through Legal Heir and another (2022 SCC Online SC 1599).

7.

The application is allowed and disposed of.

FIRST APPEAL ST. NO. 17488 OF 2023 8.

Issue notice to the respondents.

9.

Call for Record and Proceedings.

10.

Shri M. A. Kadu, learned AGP waives service of notice for respondent Nos.1 and 2.

11.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/07/2024 18:02:44