The State Of Maharashtra v. Dilawar Sardarbhai Mulani

(25)CAF-242-2021.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.01.19 17:25:54 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CIVIL APPLICATION NO.242 OF 2021 IN FIRST APPEAL (STAMP) NO.5963 OF 2004 The State of Maharashtra ] Through The Collector, Pune.

]..

Applicant vs.

Dilawar Sardarbhai Mulani ]..

Respondent Mr.A.R. Patil, AGP for Applicant-State.

None for Respondent.

CORAM : N.R.BORKAR, J.

DATE :

18TH JANUARY 2022 P.C.

1] This application is filed by the State for condonation of delay of 9 years and 268 days in filing the First Appeal against the Judgment and Award dated 17.02.1994 passed by the learned Civil Judge, Senior Division, Nashik in LAR No.62/1986.

2] I have heard the learned AGP for the applicants-State and perused the averments made in the application. 3] Admittedly, the award of reference Court impugned in the First Appeal is dated 17.02.1994. The amount of enhancement appears to 1/2

(25)CAF-242-2021.doc be only Rs.5,514/-. Considering the meager amount of enhancement, I am not inclined to condone the delay after 27 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 therefor 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