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Bombay High CourtCAF/1898/2017rejected

The State Of Maharashtra v. Appa Krishna Mirajkar And ORS.

2019-12-20Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION 1898 OF 2017 WITH CIVIL APPLICATION NO. 1899 OF 2017 IN FIRST APPEAL (ST) NO. 17215 OF 2004 The State of Maharashtra ..Applicant

Versus

Shri. Appa Krishna Mirajkar & Ors.

...Respondents

......

Ms. Tanaya Goswami, AGP for the Applicant/State. None for the Respondents.

......

CORAM:

V.G.BISHT, J.

DATE:

20TH DECEMBER, 2019 PC:- Read application for condonation of delay.

Heard learned AGP Ms. Tanaya Goswami.

It appears from the contents of application that the present Appeal with condonation of delay application of 7 years 353 days is being preferred against the Judgment and Award dated 26/12/1995 passed by Learned Joint Civil Judge, Sr. Division, Sangli in Land Acquisition Case No. 39 of 1988. The applicant has 1/3

given the chronology of events in para 2 of the application and then concluded the application by contending that they have good chance of success in the matter and therefore, the delay of 7 years 353 days be condoned in the interest of justice. The chronology of events shows all about the steps taken by the applicant in securing the certified copy of impugned Judgment and Award and forwarding it to the Office of District Government Pleader, Law and Judiciary Department, Government of Maharashtra and various ancillary proceedings taken in that regard. What is disturbing is that no discerning and intelligible reasons are given as to such a colossal delay in filing the present appeal. There is absolutely no explanation, much less the satisfactory explanation so as to convince the conscience of this Court to condone the delay in right earnest. The application is bereft of sound reasons to condone such a huge delay. For want of this, this court is not in a position to persuade itself to condone the delay.

The application for condonation of delay deserves to be rejected and accordingly stands rejected.

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In view of above, nothing survives in Civil Application No. 1899 of 2017 and the same is accordingly disposed of. (V.G.BISHT, J. ) 3/3