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Bombay High CourtCAF/2007/2016allowed

The State Of Maharashtra (Through The Special Land Acquisition Officer And ANR. v. Shri. Ramdas Sakharam Deshmukh And ORS.

2022-01-18Hon'Ble Shri Justice N. R. Borkar2 pages

(6)CAF-2007-2016.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.01.19 17:25:47 +0530 CRIMINAL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CIVIL APPLICATION NO.2007 OF 2016 IN FIRST APPEAL (STAMP) NO.1 OF 2013 The State of Maharashtra ] (Through the SLAO, Scarcity No.1, Nashik)] & Anr.

]..

Applicants vs.

Shri Ramdas Sakharam Deshmukh & Ors. ]..

Respondents Mr.A.R. Patil, AGP for Applicants-State.

Mr.Sachin Gite for Respondent Nos.1, 2-1, 2-2 and 2-3. CORAM : N.R.BORKAR, J.

DATE :

18TH JANUARY 2022 P.C.

1] This is an application filed by the State for condonation of delay of 252 days in filing the First Appeal against the Judgment and award dated 19.12.2011 passed by the 2nd Joint Civil Judge, Senior Division, Nashik in LAR No.295 of 2003.

2] I have heard the learned AGP and learned counsel for the respondents.

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(6)CAF-2007-2016.doc 3] I have perused the averments made in the application for condonation of delay. Perusal of averments reveal that scrutiny of proposal for filing of Appeal at various levels appears to have caused the delay.

4] Considering the reasons assigned in Para 3 of the application, I am inclined to condone the delay. In the result, following order is passed :

i] Civil Application No.2007 of 2016 is allowed. ii] Delay in filing the First Appeal is condoned. iii] Office to register the First Appeal and it shall be listed for admission in due course.

[N.R.BORKAR, J] 2/2