1 11 caf.772.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 772 OF 2010 IN FIRST APPEAL (stamp) NO. 4600 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.R.Patil, AGP for the Applicant - State. Mr. V.P.Patil for the Respondent. CORAM : A.S.OKA, J. DATE : 08 th March, 2011. P.C. 1 Heard the learned AGP appearing for the Applicant and the learned counsel appearing for the Respondent. 2 The prayer in this application is for condonation of delay of 7 years and 313 days in preferring an appeal against the judgment and award dated 10 th January, 2002 passed in a reference under Section 18 of the Land Acquisition Act, 1894. 3 The learned AGP appearing for the Applicant submitted that there is an adequate explanation for the long delay of 7 years and more in this application and in view of the averments made in the application, sufficient 2 11 caf.772.10 cause is made out. The learned counsel appearing for the Respondent has opposed the prayer for condonation of delay. 4 As pointed out earlier, the impugned award was made on 10 th January, 2002. The averments made in the application disclose that on 5 th February, 2002 the concerned Government Pleader forwarded a proposal for preferring an appeal alongwith the copy of the judgment and award to the Law and Judiciary Department of the State Government. On 6 th March, 2002, the Law Ministry permitted appeal to be filed and papers were immediately received by the office of the Government Pleader. It appears that an application for obtaining certified copy of the impugned judgment and award wad made on 1 st September, 2009. The certified copy of the judgment and award was ready on 10 th September, 2009 and on 13 th January, 2010 the amount of Court-fees was received alongwith the certified copies. There is absolutely no explanation for delay from March, 2002 till September, 2009 when the application for certified copy was made out. Though the certified copy was ready on 10 th September, 2009, the appeal was preferred in February 2010. Thus, there is a gross unexplained delay of nearly 8 years in preferring the appeal. No sufficient cause is made out. 3 11 caf.772.10 Application is rejected. 5 Civil Application No.773 of 2010 does not survive and the same is disposed of. [ A.S.OKA, J ]