The State Of Maharashtra (Through The Special Land Acquisition Officer) v. Shri. Vithu Rama Gharat Decased Through Lrs. Shri. Ramesh Vitthal Gharat And ORS.
28- CAF 3233 of 2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 3233 OF 2016 IN FIRST APPEAL (ST) No. 30619 OF 2015 The State of Maharashtra (Through the Special Land Acquisition Officer) ....Applicant Vs.
Shri Vithu Rama Gharat Deceased Through Lrs.
Shri Ramesh Vitthal Gharat and Ors.
.....Respondents Mrs. Tanaya Goswami -AGP for Applicant Mr. Sanjay A. Ghaisas for Respondent Nos.1 to 6
CORAM:
K.K. TATED, J.
DATED :
JUNE 4, 2019 P.C. :
1.
Heard learned counsel for the parties.
2.
Learned AGP Mrs. Tanaya Goswami appearing on behalf of the Applicant submits that by this civil application, they are seeking condonation of 182 days' delay in filing the First Appeal, challenging the judgment and award dated 12th December, 2014 passed by the Civil Judge, Senior Division, Alibag, Dist. Raigad in L.A.R. No. 781 of 2000 (Old L.A.R. No. 428 of 1990). 3.
Learned counsel Mr. Sanjay Ghaisas appearing on behalf of Respondent Nos. 1 to 6 vehemently opposed the present civil application. He submits that the Applicant has not shown sufficient cause for condoning the delay. Hence, there is no Tikam 1/2
28- CAF 3233 of 2016.doc question of entertaining the civil application. 4.
Considering the submission made by the learned AGP 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. Hence, following order:
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 182 days in filing the above mentioned First Appeal against the Judgment and Award dated 12.12.2014 passed by the Learned Civil Judge, Senior Division, Alibag-Raigad in L.A.R. No. 781 of 2000 (Old L.A.R. No. 428/1990)."
(B) Civil application stands disposed of accordingly. (C) No order as to costs.
(K. K. TATED, J.) Tikam 2/2