-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1279 OF 2008 APPLICATION NO.1279 OF 2008 APPLICATION NO.1279 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.15513 OF 2004 APPEAL ST.NO.15513 OF 2004 APPEAL ST.NO.15513 OF 2004 The State of Maharashtra ...Applicant vs. Raghunath Hari Joshi & Ors. ...Respondents Ms S.P.Manchekar A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 11, 2008. : MARCH 11, 2008. : MARCH 11, 2008. P.C.: P.C.: P.C.: 1. Heard learned A.G.P. for the Applicant. The prayer in this application is for condonation of delay of 9 years and 33 days in preferring the Appeal. 2. The Appeal is sought to be preferred for challenging the Judgment and Award dated 31st December 1994 passed in a reference under section 18 of the Land Acquisition Act,1894. The application discloses that nearly 18 months after the decision of the trial court, on 21st September 1996, office of the District Government Pleader, Sangli forwarded an opinion to the Collector, Sangli for preferring an Appeal. The said opinion was also received by the Law and Judiciary Department, Mantralaya, Mumbai on 21st November 1996. A resolution was passed by the Law and Judiciary Department recording the decision to prefer an Appeal. Papers were received by the office of the Government Pleader, High Court, Bombay on 21st -2- November 1996. However, the application for obtaining the certified copies of the impugned Judgment and Award was made on 9th June 2003. Certified copies were collected on 30th June 2003 and thereafter, the present Appeal has been preferred in January 2004 along with the application for condonation of delay. 3. Perusal of the application shows that there is absolutely no explanation as to why time of 18 months was taken by the office of the District Government Pleader for recommending the Appeal. There is no explanation whatsoever for the gross delay in filing an application for obtaining certified copies of the Judgment and Award. The resolution was passed by the Law and Judiciary Department on 22nd November 1996 recording approval for preferring the Appeal. An application for certified copy was made as late as on 9th June 2003. There is further delay of six months in preferring the Appeal after the date on which the certified copies were collected. In view of gross unexplained delay, no case is made out in this application and the same is rejected. 4. In view of rejection of this Application, Civil Application No.1280 of 2008 does not survive and the same is disposed of. JUDGE JUDGE JUDGE