Dada S/O Paikuji Nagpure (Dead) ... vs State Of Maharashtra, Department ...
2021 Latest Caselaw 432 Bom

F.A.St.6987.2019.                                                                                      1/2


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR

                             Civil Application (CAF) No.3365 of 2019
                                                 IN
                               First Appeal Stamp No.6987 of 2019
       Dada s/o Paikuji Nagpure (Dead), thr. his legal Heir Vs. State of Maharashtra & Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                          Court's or Judge's Orders
or directions and Registrar's orders.
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                Shri A.R. Patil, Advocate for the Appellant.
                Shri M.A. Kadu, A.G.P. for Respondent Nos.1 and 2.
                Shri S.G. Jagtap, Advocate for Respondent No.3.

                                 CORAM : S.M. MODAK, J.
                                 DATE  : 8th JANUARY, 2021.


                                 Heard both the sides.


                                 There is delay of 262 days in preferring an appeal. The
                Reference Court has dismissed the application vide judgment dated 5 th
                March, 2018. The condonation of delay is opposed. The appellant was in
                financial difficulties. The reasons are convincing.


                                 It is pointed out to me that is the second round of litigation
                and it is the second time dismissal of the reference application. First
                time, it was dismissed as it was time barred and now, it is dismissed on
                merits. Earlier, the reference was restored as per the direction of this
                Court dated 30th October, 2017.


                                 Now, the appellant is required to approach this Court
                because it was dismissed on wrong appreciation. The issue of waiver of
                interest for all these period cannot be considered now. But certainly, the
                appellant cannot claim interest for the period condoned. Hence the
                order:-



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 F.A.St.6987.2019.                                                                                   2/2


                                                    ORDER

i. The application is allowed.

ii. The delay of 262 days caused in filing an appeal is condoned subject to waiver of interest for that period.

iii. The civil application is disposed of.

First Appeal Stamp No.6987/2019

Heard.

Admit.

Call for record and proceedings.

Issue notice to the respondents.

Learned A.G.P. Shri M.A. Kadu waives notice for respondent Nos.1 and 2.

Learned Advocate Shri S.G. Jagtap waives notice for respondent No.3.

Copy be supplied to the respondents.

JUDGE

vijay