1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6685 OF 2009 IN FIRST APPEAL NO. 1372 OF 2009 Jalba S/o Kondiba Jadhav .. Applicant Versus 1. The State of Maharashtra and another .. Respondents Shri S. A. Patil, Advocate for the Applicant. Shri B. V. Wagh, A.G.P. for the Respondent 1 and 2. Shri S. S. Dande, Advocate for the Respondent No. 3. CORAM : N. D. DESHPANDE, J. DATE : 10TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Patil, the learned counsel for the applicant, whose first appeal has been admitted already. Thereafter it was dismissed for non payment of bhatta in time. However for restoration he filed this application after considerable delay of 1545 days. The reason is that, his advocate P. A. Patil was appointed as Judicial Magistrate First Class and applicant was not yet informed about the dismissal of the appeal for non payment of bhatta. The applicant is desirous to prosecute this appeal for just cause to work out fair compensation in respect of the land which was acquired by the respondents. 2 2. It is true that, learned Reference Court has not considered his demand of Rs. 40,000/- per acre. I have heard the learned counsel for the respondents to verify, if there any connected appeal arises out of the same award or the notification pending or decided to work out the matter. It is not delay in filing of first appeal. Unfortunately, the reason stated will have to be considered to do justice to the party who come before the Court for his claim of compensation. The civil application is allowed. The delay of 1545 days is condoned. The appeal is restored to its original position on payment of bhatta in time. The bhatta be paid within two weeks from today. On payment of bhatta the appeal to proceed further. [ N. D. DESHPANDE, J.] bsb/Nov. 09