Subhashchandra S/O Chunnilal Tapadiya And Others v. The Collector, Wardha And Others
2024:BHC-NAG:7848 1 21-CAF-1297-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 1297 OF 2024 IN FIRST APPEAL ST. NO. 22910 OF 2023 SUBHASHCHANDRA S/O CHUNNILAL TAPADIYA AND OTHERS Vrs.
THE COLLECTOR, WARDHA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Ranjeet Singh V. Gahilot, 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 995 days caused for preferring 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.
Considering the reasons stated in the application, the application deserves to be allowed, in the interest of justice.
6.
The application is allowed with condition that the applicants are not entitled for statutory benefits like interest, etc. in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma
2 21-CAF-1297-24.odt (Dead), through Legal Heir and another (2022 SCC Online SC 1599) for the delayed period.
7.
The application is disposed of.
FIRST APPEAL ST. NO. 22910 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.
First Appeal No.112/2021 be tagged with this appeal.
12.
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 17:54:15