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Bombay High CourtCAF/2554/2018disposed off

The State Of Maharashtra Thr The Special Land Acquisition Officer, National Highway Project And ANR v. Shri Nivrutti Govinda Chowdhary

2022-07-19Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

Digitally signed by VINA ARVIND KHADPE Date:

2022.07.20 17:57:14 +0530 VINA ARVIND KHADPE Vina Khadpe

(5) caf.2554.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2554 OF 2018 IN FIRST APPEAL (ST) NO.6585 OF 2018 The State of Maharashtra thr. the Special Land Acquisition officer, National Highway Project, Nashik and anr ....Applicants / Appellants

Versus

Shri Nivrutti Govinda Chowdhary ....Respondents Mr. N. B. Patil, AGP for the Applicant / Appellant - State. Mr. Sachin Gite for the Respondent No.1.

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 19th JULY, 2022.

P.C. :

1.

It is an Application for condonation of delay moved by the Applicant / State.

2.

Heard Mr. N. B. Patil, learned AGP for the Applicant-State and Mr. Sachin Gite, learned counsel the Respondent No.1. 3.

Mr.Patil, learned AGP for the Applicant-State submits that the delay caused in this case in preferring the Appeal was not intentional, and the delay was occurred due to procedural formalities. He, therefore, urged to condone the delay.

4.

Mr. Gite, learned counsel for the Respondent strongly opposed to condone the delay.

1/2

Vina Khadpe

(5) caf.2554.2018.doc 5.

On perusal of record, it is found that there is delay of 3 years and 36 days in preferring the Appeal. Even though the delay appears to be large volume, it needs to be condoned having regard to the nature of dispute, for the ends of justice. Hence, the following order; :: ORDER ::

(i) Application for condonation of delay is hereby allowed. (ii) Registry is directed to make scrutiny of Appeal as per procedure and thereafter it be numbered and place the matter before the appropriate Court.

(iii) Application for condonation of delay is accordingly disposed of.

(SHRIKANT D. KULKARNI, J.) 2/2