The State Of Maharashtra (Through The Deputy Collector (Land Acquisition) And ANR. v. Shir. Sudin Dattu Mhatre And ORS.

53 caf866-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.866 OF 2019 IN FIRST APPEAL (ST.) NO.1543 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Tanaya Goswami, A.G.P. for the State CORAM : K. K. TATED, J DATE : AUGUST 20, 2019 P.C.:

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Heard.

Though Respondents are duly served, no one appeared on behalf of them when the matter was called out.

By this Civil Application, Applicant is seeking condonation of 355 days delay in filing First Appeal challenging the judgment and award dated 5.9.2017 passed by learned Civil Judge, Senior Division, Alibag at Raigad in L.A.R.No.497 of 2016 holding that the Mohite 1/2

53 caf866-19.doc Respondent original Claimants are entitled additional compensation of Rs.18,447/- in respect of acquired land admeasuring 37.5 sq.mtrs. bearing Survey No.74 Hissa No.2 from village Phunde, Tal. Uran, Dist. Raigad Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

A.

Civil Application is allowed in terms of prayer clause (b) which reads thus:

"(b) this Hon'ble Court be pleased to condone the delay of 355 days in filing the above mentioned First Appeal against the judgment and award dated 05.09.2017 passed by Learned Civil Judge, Senior Division, Alibag, Raigad, in L.A.R.No.497 of 2016."

B.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2