1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. No.173/2011 in First Appeal St. No.6506/2010 ( Vijay Jagpal Thakre ..Vs.. V.I.D.C., through its Executive Engineer, Bembla Project Division, Yavatmal & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.W. Deshpande, Adv. for applicant. Mr. A.B. Patil, Adv. for respondent no.1. Mr. A.D. Sonak, A.G.P. for respondent nos.2 and 3. CORAM : S.B. DESHMUKH J. DATE : 8.4.2 011 Heard. Issue notice to the respondents returnable on 29/4/2011. Mr. A.B.Patil, learned Advocate, waives notice for respondent no.1. Mr. A.D. Sonak, learned A.G.P., waives notice for respondent nos.2 and 3. With the assistance of the learned Advocate appearing for respective parties, I have gone through the ground/explanation tendered by the applicant for condonation of delay of 495 days in filing the first appeal challenging the judgment delivered by the Civil Judge Senior 2 Division, Yavatmal. Two fold ground is raised that the applicant – appellant was not keeping good health and there was marriage of son of the applicant scheduled on 1/4/2010. It is contended that because of ill-health the applicant could not apply for the certified copy and ultimately applied on 20/2/20110 and the certified copy was received on 26/02/2010. Mr. Sonak, learned A.G.P. for respondent nos.2 and 3, submits that the ground raised is not convincing. Mr. Patil, learned Advocate for respondent no.1, supports the submission of the learned A.G.P. who appears for respondent nos.2 and 3. In the facts and circumstances of the case, I am inclined to allow the application. Civil application is therefore, allowed. The delay of 495 days in filing the first appeal stands condoned. First Appeal St. No.6506/2010. The application for condonation of delay has been allowed today itself. The registry is directed to register the first appeal. Learned Advocate for the appellant undertakes to supply the copy to the respondents within a period of one week. In this appeal the challenge is to the judgment passed 3 by the Civil Judge Senior Division, Yavatmal. It is a compulsory acquisition of the agricultural land, owned by the appellant. Having regard to the submissions and considering the facts and circumstances of the case, I am of the view that the first appeal can be admitted. Admit. JUDGE Tambaskar.