1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 6829 OF 2008 Panjabrao Deshmukh Krishi Vidyapeeth Akola Vs. Sheela w/o Sureshkumar Thakkar Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri P. S. Sadavarte Adv for appellant. CORAM: C. L. PANGARKAR J. Dated: 4 th NOVEMBER, 2009. Heard counsel for the appellant. None appears for the respondent inspite of the fact that notice has been served on the respondent/non applicant. There is a delay of more than 900 days in preferring this appeal. The applicant/plaintiff had instituted a suit for removal of encroachment made by the non applicant/defendant. Encroachment is to the extent of more than 2000 sq. ft. and it is a very valuable piece of land. Learned counsel for the appellant submits that the suit was decreed by the trial Court and the present non applicant/defendant had preferred an appeal. 2 Concerned clerks of the applicant/appellants were always contacting the lawyer to find out what has happened to the appeal. Lawyer appearing for the appellant in the Court however never supplied any information with regard to the status of the said appeal. The lawyer concerned even did not inform the appellant with regard to the decision in the appeal. It is therefore contended by the appellant/applicant that the applicants were never in the know of the decision in the appeal at all. According to the learned counsel there was sufficient evidence available to decide the appeal and there was no need to remand the matter back. Inspite of the service of notice respondent has not appeared before the Court, it therefore seems that respondent does not want to contest the application for condonation of delay. Considering the fact that valuable piece of land is involved in the matter and the fact that counsel for the appellant did not at all inform either orally or in writing about the decision of the appeal, the delay in preferring the appeal therefore stands condoned. JUDGE svk 3 4 5 6