1 C.A. No.4060.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4060 OF 2010 IN FIRST APPEAL ST. NO.7395 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.B. Kale, Advocate for applicants. Mr. K.M. Suryawanshi, AGP for Resp.No.1. .... CORAM: K.K. TATED, J. DATE : 10TH DECEMBER, 2010. . Heard learned Counsel for the parties. No one appeared on behalf of respondent No.2, though duly served. 2. Present Civil Application is preferred by the original claimants for condonation of delay in preferring appeal against the judgment and award dated 25-04-2006 passed by the Joint Civil Judge, Senior Division, Jalgaon in L.A.R. No.281/2001. 3. The learned Counsel appearing on behalf of the applicants submits that because of financial crisis, they could not take steps for filing the appeal in time. He further submits that though the 2 C.A. No.4060.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Reference Court awarded compensation in respect of the acquired land, the respondent - State failed to deposit and pay the same to the applicants - original claimants. 4. The learned A.G.P. for respondent No.1 vehemently opposed the Civil Application. He submits that the applicants have not satisfactorily explained cause for condonation of delay. He further submits that in case the delay is condoned, in that case, the applicants should not claim statutory benefit for this delayed period. 5. Considering the reasons disclosed by the applicants in Para-2 and 3, Civil Application is allowed in terms of prayer clause (B) which reads as under. "(B) To condone the delay of 1211 days in filing the First Appeal and for that purpose issue necessary orders and register the First Appeal." . At the same time, it is made clear that the applicants shall not be entitled 3 C.A. No.4060.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders to statutory benefits for the delayed period, if they succeed in this appeal. 6. Civil Application is disposed of accordingly. [K.K. TATED,J.] sut/DEC10/ca4060.10