The State Of Maharashtra.Thr.Special Land Acquisition Officer. v. Shri.Ramesh Kashinath Patil And ORS.

26- CAF 2153 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2153 OF 2019 IN FIRST APPEAL (ST) No. 17504 OF 2017 The State of Maharashtra Through Special Land Acquisition Officer ...Applicant Vs.

Shri Ramesh Kashinath Patil and Ors.

...Respondents

Mr. A.R. Patil -AGP for the Applicant Mr. Sanjay A. Ghaisas for Respondent Nos. 1 to

CORAM:

K.K. TATED, J.

DATED : JUNE 26, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this civil application, the ApplicantState of Maharashtra is seeking condonation of 101 days' delay in filing the First Appeal,challenging the judgment and award dated 5th December, 2016 passed by the Learned Civil Judge, Senior Division, Alibag, Dist. Raigad in L.A.R. No. 298 of 2016.

3.

Learned counsel for the Respondents vehemently opposed the present civil Tikam 1/

26- CAF 2153 of 2019.doc application. He submits that the Applicant has not shown sufficient cause of condonation of delay. Hence, there is no substance in the present civil application and the same is required to be dismissed with costs.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the civil application, I am satisfied that the Applicant has made out a case for allowing this civil application.

5.

Hence, following order:

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

"(b)this Hon'ble Court be pleased to condone the delay of 101 days in filing the above mentioned First Appeal against the Judgment and Award dated 05.12.2016 passed by the Learned Civil Judge, Senior Division, Alibag, Raigad in L.A.R. No. 298 of 2016."

(b) Civil Application stands disposed of accordingly.

(c) No orde as to costs.

(K. K. TATED, J.) Tikam 2/