Maharashtra Krishna Valley Development Corporation Through Its Executive Engineer, v. Mr. Maruti Ramji Gund(Deceased0 Through Lrs. Mr. Prakash Maruti Gund And ORS.

4- CAF 2347 of 2016 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2347 OF 2016 IN FIRST APPEAL (ST) No. 18725 OF 2015 Maharashtra Krishna Valley Development Corporation through its Executive Engineer ...Applicant Vs.

Mr. Maruti Ramji Gund (Deceased) through Lrs. Mr. Prakash Maruti Gund and Ors.

...Respondents

----- Mr. V.S. Tadake i/b. Mr. D.D. Shinde for Applicant Mr. Taniya Goswami - Assistant Government Pleader for Respondent Nos. 2 and 3 Mr. Gaurav Potnis i/b. Ms. Pallavi Potnis for Respondent No.1A ----- CORAM :

SHRI K.K. TATED, J.

DATE :

APRIL 16, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

By this civil application, the Applicant is seeking condonation of 63 days delay in filing the First Appeal challenging the judgment and award dated 15th September, 2014 passed by the Reference Court in Land Acquisition Reference No. 669 of 2002.

3.

Learned counsel Mr. Gaurav Potnis appearing on behalf of Respondent No.1A vehemently opposes the present civil application. He submits that the Applicant has not shown sufficient cause for condonation of delay. Therefore, there is no question of allowing the present civil application.

4.

Considering the submissions made by the learned counsel for the

4- CAF 2347 of 2016 Applicant and the averments made in the civil application, I am satisfied that the applicant has made out a case for allowing this application. Hence, following order:

ORDER

(A) Civil application is allowed in terms of prayer clause (a), which reads thus:- "(a) That this Hon'ble Court be pleased to condone 63 days of delay in filing above mentioned First Appeal against the Judgment and Award dated 15.09.2014 passed by the Learned District Judge-16, Pune in L.A.R. No.669/2002"

(B) No order as to costs.

[ K.K. TATED, J.] Tikam