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Bombay High CourtCAF/730/2019delay condonatedrejected

The State Of Maharashtra.Thr.The Special Land Acquisition Officer. And ANR. v. Shri.Manohar Ramchandra Mehattar And ORS.

2022-01-27Hon'Ble Shri Justice Anil S. Kilor2 pages

1/2 48 caf 730.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 730 of 2019 With Civil Application No. 731 of 2019 In First Appeal (st) No. 22432 of 2017 The State of Maharashtra ...

Applicant v/s.

Shri Manohar R Mehattar & ors.

...

Respondents Mr. A.R.Patil, AGP for the applicant.

CORAM : Anil S. Kilor, J 27th January 2022 P.C.

Heard learned AGP Shri Patil for the State. None for Respondents though served.

Digitally signed by LATA SUNIL PANJWANI Date:

2022.01.29 11:18:46 +0530 LATA SUNIL PANJWANI 2.

Shri Patil, the learned AGP submits that there is delay of 123 days in filing first appeal in challenging the Judgment and Award dt.12/08/2016 passed by the learned Joint Civil Judge Senior Division, Alibag in Land Acquisition Reference No.63 of 2009.

2/2 48 caf 730.19.doc 3.

It is submitted that the sufficient cause is shown in the application particularly in Paragraph-2 onwards which is sufficient for condonation of delay. It is further submitted that delay is not intentional but bonafide.

4.

After going through the application, more particularly, the reasons stated in Paragraph-2 onwards in the application and in absence of any rebuttal to the said facts, I find that the reasons given in the application are sufficient for condonation of delay. Accordingly, I pass the following order:

ORDER

i) The Application for condonation of delay is allowed. ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(Anil S.Kilor, J) Lata Panjwani, P.S.