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Bombay High CourtCAF/1122/2019delay condonatedrejected

The State Of Maharashtra (Through The Special Land Acquisition Officer) And ANR. v. Shri. Dinkar Karbhari Sabale

2022-01-19Hon'Ble Shri Justice Anil S. Kilor2 pages

1/2 39 caf 1122.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 1122 of 2019 Digitally signed by LATA SUNIL PANJWANI Date:

2022.01.24 13:13:19 +0530 LATA SUNIL PANJWANI In First Appeal (st) No. 1302 of 2019 The State of Maharashtra & anr.

...

Applicants v/s.

Shri Dinkar Karbhari Sabale ...

Respondent Mr. A.R.Patil, AGP for the applicant.

Mr. Anil Ahuja for the respondent.

CORAM : Anil S. Kilor, J 19th January 2022 P.C.

Heard learned AGP Shri Patil for the State. None for Respondents though served.

2.

Shri Patil, the learned AGP submits that there is delay of 1 year and 111 days in filing first appeal in challenging the Judgment and Award dt. 22/06/2017 passed by the learned Civil Judge Senior Division, Nashik in Land Acquisition Reference No.349 of 2008. 3.

It is submitted that the sufficient cause is shown in the

2/2 39 caf 1122.19.doc application particularly in Paragraph-3 onwards which is sufficient for condonation of delay. It is further submitted that delay is not intentional but bonafide.

4.

After going through the application, more particularly, the reasons stated in Paragraph-3 onwards in the application, I am satisfied that sufficient cause has been shown in this application for condonation of delay. Accordingly, I pass the following order:

ORDER

i) The Application for condonation of delay is allowed. ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(Anil S.Kilor, J) Lata Panjwani, P.S.