Maharashtra Industrial Development v. Mohd. Akbaroddin Asifoddin Pathan
Case at a glance
Outcome
Allowed
In the result, present Civil Application is allowed
Key paragraphs
- Para 44. In the result, present Civil Application is allowed in terms of prayer clause (A) thereof and delay of 109 days caused in filing the accompanying First Appeal under Stamp No.16722/2009 stands condoned and accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE…
Judgment
Cause title
FIRST APPEAL STAMP NO.16722 OF 2009
Maharashtra Industrial Development Corporation, Latur . ... APPLICANT
VERSUS
Mohd. Akbaroddin Asifoddin Pathan & others ... RESPONDENTS
Shri S.S. Dande, Advocate for the applicant
Shri D.R. Korde, A.G.P. for Respondent Nos.2 & 3 None for respondent No.1 (original claimant) in spite of service .....
CORAM : S.B. DESHMUKH AND SHRIHARI P. DAVARE, JJ. DATED : 1st December, 2009.
ORAL ORDER (PER DAVARE, J.) :
Perused. Heard learned counsel for the parties. The applicant/ appellant has preferred the present application for condonation of delay of 109 days caused in filing the accompanying First Appeal, challenging the judgment and award passed by 3rd Adhoc District Judge, Latur in Land Acquisition Reference No.281/1999. Learned 2 A.G.P. for respondent Nos.2 and 3 opposed the present application vehemently and submitted that present application bears no substance and same is devoid of any merits and, therefore, same be rejected.
After considering the averments in the present application and also considering the rival contentions of the parties, it appears that the delay caused in filing the accompanying First Appeal has been explained by the applicant/ appellant in paragraph Nos.2 to 6 of the present application and it appears that the said delay has been explained satisfactorily. Moreover, it also appears that the said delay of 109 days is not willful, deliberate and intentional and, therefore, same is required to be condoned in the interest of justice.
Operative part
In the result, present Civil Application is allowed in terms of prayer clause (A) thereof and delay of 109 days caused in filing the accompanying First Appeal under Stamp No.16722/2009 stands condoned and accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) (S.B. DESHMUKH, J.) fmp/ca9427.09
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, present Civil Application is allowed
Which court decided this case, and when?
Bombay High Court, on 01 Dec 2009. The bench was SHRIHARI P DAVARE, S B DESHMUKH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.