C.A.No.10113 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10113 OF 2011 IN FIRST APPEAL ST.NO.17055 OF 1996 Dadarao Shamrao Biradar .. Applicant Versus The State of Maharashtra .. Respondent Mr S.K.Adkine, Advocate for applicant Mrs V.A.Shinde, A.G.P. for respondent-State CORAM : MRS MRIDULA BHATKAR, J. DATE : 30th September, 2011 PER COURT 1. Application is made for recalling the order passed by this court on 13.7.2010 in Civil Application No.13820 of 2010. This is a very old appeal and Registrar has refused to register the same for want of removal of the objections. 2. Learned Counsel submits that the applicants are poor farmers whose land is acquired for irrigation and canal project by the government. He submits that due to inadvertence the matter remained unattended. Learned Counsel therefore, submits that the application for delay condonation be restored. He submits that the applicants will not claim the interest for the period of delay. 3. It appears from the record that the delay is caused due to negligence of either the applicant or the learned Counsel. However, C.A.No.10113 of 2011 2 in the interest of the applicant, who is a poor farmer and who is ignorant about the Court procedure, the order dated 13.7.2010 passed in Civil Application No.13820 of 2010 is recalled and the civil application for restoration is allowed on following conditions: (a) Applicant shall not claim interest for the period of delay; (b) Learned Counsel to pay costs of Rs.250/- to the High Court Bar Association Library from his pocket within two weeks from today. Application disposed of accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/10113.11ca)