-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.No.8595/2008 IN F.A.St.No. 13298/2008 Manda Dyaneshwar Deshmukh -versus- The State of Maharashtra ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 15, 2009. Prayer is to condone delay of 459 days in filing appeal under section 54 of Land Acquisition Act. It is stated that the Advocate representing the present appellant/applicant before the Reference Court did not communicate to her the fact of passing of judgment and was also under impression that Reference proceedings were pending. However, after getting knowledge, certified copy was obtained and present proceedings are filed. Learned A.G.P. appearing for State of Maharashtra strongly opposes the prayer for condonation of delay. It is stated that the application is vague and name of concerned Advocate is not disclosed. It is further stated that even after obtaining -2- certified copy, the appeal is not filed immediately. After considering the fact, I do not find any malafide in the matter. The delay is accordingly condoned. However, this delay in the matter shall be taken into account while considering the entitlement of the applicant to compensation. Civil Application stands disposed of. JUDGE Rgd.