The State Of Maharahtra And ANR v. Shivaji Rangnath Aglawe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.4410/2014 with First Appeal (ST) No.14024/2011 with Civil Application No.1298/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Tanaya Goswami, AGP for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 13, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking condonation of 4 years and 319 days delay in filing the First Appeal challenging the judgment and award dated 01.03.2006 passed by the learned Civil Judge, Senior Division, Barshi, Dist. Solapur in LAR NO.623/2002 holding that the Respondent-Claimant is entitled to sum of Rs.17,205/- by way of additional compensation in respect of the acquired land admeasuring 62 Rs. from village Bavi, Tq. Barshi, Dist. Solapur for Pimpalgaon Dhale Medium Project.

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The learned AGP submits that inadvertently it remained on the part of the concerned AGP who appeared in the matter before the District court to apply for certified copy of the judgment and award immediately. Hence, in the interest of justice, this Hon'ble Court be pleased to condone the delay and the matter be heard on merits.

It is to be noted that in the present proceedings delay is of more than 4 years and 319 days in filing the First Appeal, challenging the impugned judgment and award passed by the Reference Court holding that the Respondents are entitled to additional compensation of Rs.17,205/-.

Bare reading of the Civil Application shows that the Applicant has failed and neglected to disclose sufficient cause for condonation of 4 years and 319 days delay in filing the First Appeal.

Considering the submissions made by the learned AGP and the reasons disclosed in the Civil Application, I do not find any reason to entertain the present Civil Application.

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Hence, following order is passed:

a.

Civil Application stands dismissed.

b.

In view thereof the registration of the First Appeal stands rejected.

c.

Consequently, the Civil Application for stay stands dismissed as infructuous.

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