1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICTION NO.9888 OF 2008 IN FIRST APPEAL ST.NO.17649 OF 2008 The State of Maharashtra Applicant V/s Baburao S/o Gundappa Kopre Respondent ------------------------------------------------------------------------------------------------------- Mr. V. D. Rakh, the AGP for the applicant/State. Mr. M. L. Dharashive, Advocate for the Respondent. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 29th September, 2009. PER COURT : 1. This is an application at the instance of State for condonation of 203 days delay caused in filing the appeal. The Judgment and award in question was delivered on 18.09.2007. It is averred in the application that the proposal for filing first appeal was received in the office of the Government Pleader on 07.05.2008. It was drafted on 03.06.2008 and was filed on 09.09.2008. It is further averred in the said application that though the said appeal was drafted on 03.06.2008 for want of certified copies, court fees and other things, same could not be filed within time. The learned AGP states that, the Reference Court has enhanced the compensation from Rs.47,940/- per acres to Rs.1,56,060/- per acres and 2 therefore, keeping in view the difference in amount of compensation, the instant matter be heard on merits. 2. Shri. Dharashive, the learned Counsel appearing for the respondents opposes the application for condonation of delay and states that, the delay caused in filing the appeal has not been properly explained. He further argues that the applicant is negligent in prosecuting the claim and the grounds raised does not disclose sufficient cause. He further argues that day today delay has not been explained. 3. Keeping in view, the enhancement of compensation made by the Reference Court coupled with the reasons stated in the application, I am satisfied that sufficient cause has been made out for condonation of delay. However, condonation shall be subject to payment of cost of Rs. 10,000/- by the applicant to the respondent-claimant within a period of eight weeks from today, failing which the civil application for condonation shall stand dismissed. Accordingly the Civil application stands disposed of. (R.K. DESHPANDE) JUDGE GAS/ca.9888.08