1401caf1931.09.odt FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 1931 /09 IN FIRST APPEAL ST. NO. 7966 OF 2009 (V.I.D.V., Chikhali Vs. Eknath Namdeo Hamale & 4 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. A. B. Patil, Advocate for the appellant. Mr. N. B. Kalwaghe, Advocate for respondent No.1. Mr. T. R. Kankale, A. G.P. For respondents No. 4 & 5. C ORAM : F. M. REIS, J. DATED : 14th January, 2010. Heard. Respondents No. 2 & 3 though served, have chosen to remain absent nor represented by the Counsel. This is an application for condonation of delay of 1020 days in filing the first appeal. The main ground for the delay is that the acquiring body, i.e. the applicant was not party to the reference proceedings before the Reference Court, wherein respondent No. 1 has sought reference under Section 18 of the Land Acquisition Act for enhancement of compensation. Considering the facts and circumstances of the case and in view of contentions made in the said application, which have been supported by an affidavit, 1401caf1931.09.odt I find that the delay in filing the first appeal deserves to be to condoned subject to payment of costs of Rs. 1,000/- to respondent No. 1. In view of the above, application for condonation of delay in filing the first appeal is granted. Fix the matter for admission on 03/02/2010. JUDGE wwl