The State Of Maharashtra, Thr. The Special Land Acquisition Officer And ANR v. Shri Hanuman Vilas Keni (Deceased) Thr. Lrs And ORS

17 cac485-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.485 OF 2016 IN CIVIL REVISION APPLICATION (ST) NO.17246 OF 2016 The State of Maharashtra, through The Special Land Acquistion Officer and Anr.

.. Applicants vs.

Shri Hanuman Vilas Keni (Deceased) Through his legal heirs:

1/1 Smt.Anjana Hanuman Keni and Ors.

.. Respondents Mr.A.R.Patil, A.G.P. for the applicants CORAM : K. K. TATED, J.

DATE : AUGUST 9, 2016 P.C.:

Heard the learned A.G.P. for the applicant.

This application is preferred by State of Maharashtra for condonation of 148 days delay in filing Civil Revision Application in First Appeal (ST) No.1203 of 2016.

It is not necessary to give notice to the other side because before issuing notice to the respondents in First Appeal, same stand rejected for not paying full court fees.

The learned A.G.P. for the applicant submits that in First Appeal, Mohite 1/2

17 cac485-16 the learned Registrar passed order on 4.1.2016 granting two weeks time to pay deficit court fees. That order was conditional order. As it remained on the part of applicant to pay court fees within stipulated time, First Appeal stands rejected. Hence, applicant preferred present Civil Application for condonation of delay in filing Civil Revision Application. He submits that this Hon'ble Court be pleased to condone the delay in filing Civil Revision Application. He submits that if delay is not condoned, irreparable loss and injury will be caused to the applicant.

Considering the submissions made by the learned A.G.P. for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

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

"b) that this Hon'ble Court be pleased to condone the delay of 148 days in preferring the abovementioned Civil Revision Application in First Appeal (ST). No.1203 of 2016." B) Civil application stands disposed off accordingly. JUDGE Mohite 2/2