1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 321 OF 2009 IN MCA ST. NO. 4755/2009 IN MCA NO. 965/2008 IN FA NO. 437 OF 1994 (Smt. Sushilabai Aloknarayan Bajpayee & Ors. vs. The Collector, Wardha) 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. MARCH 30, 2009. Heard Mrs. Joshi, Advocate, learned counsel for the appellant/ applicant and Shri Kankale, learned AGP for the respondent. The prayer is to condone delay of 140 days in filing MCA St. for restoration of First Appeal No. 437/1994, which came to be dismissed in the first week of October 2008 in view of the order dated 17.9.2008. The delay is sought to be explained by pointing out difficulties mentioned on affidavit in the application. The applicants state that the fact of dismissal came to their knowledge when trace of the matter was taken by the learned counsel on 6.3.2009. Thereafter on 12.3.2009 MCA No. 965 of 2008 was filed for appropriate directions and it was disposed of on 13.3.2009 and thereafter the present civil application for condonation of delay has been filed. 2 The learned AGP is opposing the prayer for condonation of delay. The matter pertains to land acquisition and the affidavit shows that because of illness in the family private paper book could not be filed within two weeks. I do not find any malafides in the matter hence delay is condoned. Upon registration of MCA Stamp No. 4755 of 2009, the prayer made therein shall stand granted and First Appeal shall stand restored. The appellant to file private paper book by26th April 2009 after serving advance copy thereof on the respondent. JUDGE *GS.