The State Of Maharashtra And ANR.Thr.The Special Land Acquisition Officer. v. Smt.Jomubai Rajaram Kharkar And ANR.Since Deceased Thr.Lrs.1/1shri.Raghunath Dhau Kharkar And ANR.

50. caf 1126.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1126 OF 2018 IN FIRST APPEAL STAMP NO. 19805 OF 2017 The State of Maharashtra .. Applicant Vs.

Smt.Jomubai Rajaram Kharkar since deceased thru. Legal heir Shri Raghunath Dhau Kharkar and ors.

.. Respondents Ms.Tanaya Goswami, AGP for State.

Ms.Deepa Punde I/b Mr.Sachin S.Punde, for Respondents No. 1.1 & 2.1.

CORAM : K.K.TATED, J.

DATE : 20th AUGUST, 2019 P.C. :

.

Heard learned Counsel for parties.

2.

By this Civil Application, applicant is seeking condonation of 339 days delay in filing First Appeal challenging Judgment and Award dated 22/04/2016 passed by Civil Judge, Senior Division, Alibag in Land Acquisition Reference No. 374 of 1/2

50. caf 1126.18.doc 2000.

3.

Considering the submissions made by learned AGP for the applicant and averments made in Civil Application, I am satisfied that applicant has made out a case for allowing Civil Application. Hence following order.

O R D E R

i) 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 339 days in filing the above mentioned First Appeal against the Judgment and Award dated 22.04.2016 passed by the Learned Civil Judge, Senior Division, Alibag, Raigad in L.A.R. No. 374 of 2000 (Old L.A.R . No. 130/89 (477/1989). "

ii) Civil Application is disposed of accordingly. iii) No order as to costs.

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