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Bombay High CourtCAF/727/2019delay condonatedrejected

The State Of Maharashtra.Thr.The Special Land Acquisition Officer. And ANR. v. Shri.Krishna Kanu Rotkar And ANR.

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

1/2 47 caf 727.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 727 of 2019 With Civil Application No. 728 of 2019 In First Appeal (st) No. 22474 of 2017 The State of Maharashtra ...

Applicant v/s.

Mahesh Kamalakar Patil & 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 Digitally signed by LATA SUNIL PANJWANI Date:

2022.01.29 11:18:47 +0530 Respondents though served.

LATA SUNIL PANJWANI 2.

Shri Patil, the learned AGP submits that there is delay of 151 days in filing first appeal in challenging the Judgment and Award dt.16/01/2017 passed by the learned Joint Civil Judge Senior Division, Alibag in Land Acquisition Reference No.46 of 2009.

2/2 47 caf 727.19.doc 3.

It is submitted that the sufficient cause is shown in the application particularly in Paragraph-3 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-3 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.