1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A. NO. 4221/2007 IN MCA NO. 684/2007 IN F.A. NO. 229 OF 1995 Namdeo Ganpat Lahudkar vs. State of Maharashtra & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 15, 2008. Heard respective counsel. By present Civil Application, the prayer is to condone delay of 64 days in filing MCA for restoration of First Appeal No. 229 of 1995. First Appeal No. 229 of 1995 came to be dismissed on 31.1.2007 in view of peremptory order of this Court dated 5.12.2006 as paper book was not filed. The learned counsel for the applicant informs that on account of poverty, the applicant could not arrange necessary documents and also funds for preparation of private paper book. It is stated that therefore only preparation of paper book got delayed and now paper book is ready. Shri Mirza, AGP opposes the request. However, as First Appeal is of the year 1995 and arises out of Land Acquisition proceedings, I am inclined to condone said delay subject to payment of cost of Rs.500/- by the 2 applicant to the respondents by 30.04.2008. If the costs are so paid, the prayer made in Civil Application No. 4221 of 2007 as also MCA No. 648 of 2007 shall stand granted and in that event First Appeal No. 229 of 1995 shall stand stored. The advocate for the applicant/ appellant informs that private paper book is already filed. Office to verify and proceed further accordingly. JUDGE *GS.