The State Of Maharashtra (Through The Land Acquisition Officer) v. Shri Vitthal Jagannath Shirsath (Deceased) Through L/H 1a, Shri Shailesh Vitthal Shirsath And ORS

(1)CAF-202-2015.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.01.19 17:25:55 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CIVIL APPLICATION NO.202 OF 2015 IN FIRST APPEAL (STAMP) NO.2987 OF 2013 The State of Maharashtra ] (Through the Land Acquisition Officer ] Minor Irrigation Division, Nashik, Dist.Nashik & Anr.].. Applicants vs.

Shri Vitthal Jagannath Shirsath ] Deceased, by his legal heirs ]..

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

None for Respondents.

CORAM : N.R.BORKAR, J.

DATE :

18TH JANUARY 2022 P.C.

1] This application is filed by the State for condonation of delay of 230 days in filing the First Appeal against the Judgment and Award dated 20.11.2011 passed by the learned Civil Judge, Senior Division, Nashik in LAR No.239/2003.

2] I have heard the learned AGP for the applicants-State and perused the averments made in the application. 1/2

(1)CAF-202-2015.doc 3] Admittedly the award of reference Court impugned in the First Appeal is dated 20.11.2011. The amount of enhancement appears to be only Rs.36,828/-. Considering the meager amount of enhancement, I am not inclined to condone the delay after 10 years. Accordingly, following order is passed :

i] Civil Application for condonation of delay is dismissed. ii] Needless to mention that I have not examined the impugned Judgment and award on merit and therefore any observations in this order shall not be construed to mean that I have upheld the impugned Judgment and award on merit. [N.R.BORKAR, J] 2/2