The State Of Maharashtra (Through The Special Land Acquisition Officer) v. Shri. Chandrakant Narayan Mhatre

1/2 32 caf 4353.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 4353 of 2018 Digitally signed by LATA SUNIL PANJWANI Date:

2022.01.21 14:58:06 +0530 LATA SUNIL PANJWANI In First Appeal (st) No. 31021 of 2018 With Civil Application No. 4354 of 2018 In First Appeal (st) No. 31021 of 2018 The State of Maharashtra & anr.

...

Applicants v/s.

Shri Chandrakant Narayan Mhatre ...

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

Mr. Jayesh Madhav Joshi for the respondent.

CORAM : Anil S. Kilor, J 19th January 2022 P.C.

Heard Shri Patil, the learned AGP for the State and Mr.Joshi for the respondent.

2.

Shri Patil, the learned AGP submits that there is delay of 142 days in filing first appeal in challenging the Judgment and Award dt.16/09/2017 passed by the learned Joint Civil Judge Senior Division,

2/2 32 caf 4353.18.doc Alibag in Land Acquisition Reference No.31 of 2009. 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.

Shri Joshi, the learned counsel appearing for the respondents, opposes the application and prays for dismissal of the same. 5.

After going through the application, more particularly, the reasons stated in Paragraph-3 onwards in the application, 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.