FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1682 OF 2009 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 8870 OF 2009 IN L.A.R. NO.765 OF 2002 [Bappa Kondiba Aaglave & anr. V/s. State of Maharashtra & Ors.] ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Ms. Ujawala S. Walkhal h/f. Mr. V.S. Deokar,adv. For applicants. Respondents and advocate absent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 11TH DECEMBER 2009. P.C :­ 1. This Civil Application is taken out for condonation of delay of 3 years and 50 days in filing the appeal from land acquisition reference for the purpose of claiming compensation at the enhanced rate. 2. The application is served upon the respondents. None is present. 3. The applicants seek to explain the delay at paras­6 and 7 of the application. The same read as follows : 6. “ Applicant further states that since Applicant is very poor person, applicant was waiting for to get actual amount in his hand. Even though Judgment in the LAR No.765 of 2002 was passed on 22.06.06, actual amount was deposited in the bank account of the applicant very late. It was physically not possible for the applicant to search an advocate and file case in this Hon ble court ’ without money in hand. 7. Applicant states that now a days, applicant is not keeping well and he has to visit the doctor occasionally. Therefore, even though amount was deposited very late in the account of the applicant, applicant could not search or contact his advocate immediately which caused delay in filing the present First Appeal. Hereto annexed and marked as Exhibit­1 is the copy of the Medical Certificate issued by the concerned Doctor.” 4. Mere reading of paras­6 and 7 show that the averments made therein are absolutely bald and devoid of any particulars. The application is verified by applicant no.1. He does not even mention in his application, the nature of the ailment suffered by him. He relies upon the medical certificate, a copy of which is annexed to the application. It is is a printed form with some blanks therein filled and several left blank. The nature of ailment written therein cannot be decifered. One gets no idea whatsoever about the nature of ailment, the length of the ailment. Similarly, the application does not offer any explanation as to why applicant no.2 could not take steps of filing the appeal, if applicant no.1 was unwell. Thus, there is no case whatsoever made out for condonation of delay. The application is dismissed. [JUDGE]