FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2343 OF 2009 IN FIRST APPEAL (ST.) NO. 2915 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 739 days caused in filing the first appeal. The applicant has preferred the first appeal against the judgment and award dated 31.10.2006, passed by the learned Second Joint C.J.S.D. Latur, in Land Acquisition Reference No.504 of 2003. Heard Shri Jadhav, learned A.G.P. in support of this application. Though respondent is served, none appears for him. In the application, it is averred that application for certified copy was made on 4.10.2007 and the certified copies were received on 12.11.2007. Typed copies of the judgment and award were prepared and submitted to the office of the Government Pleader on 9.4.2008 and the appeal was eventually filed on 5.2.2009. On merits, it is submitted that the Land Acquisition Officer awarded compensation of Rs.56,916/-, which was enhanced by the Reference court to Rs.1,54,000/-. Though the respondent is served, nobody appears for him. Though I am not satisfied with the explanation offered for condonation of delay, considering the controversy raised in the appeal, in my opinion, delay deserves to be condoned, subject to payment of costs. Hence, civil application is allowed in terms of prayer clause “B” subject to the condition of applicant paying an amount of Rs. 1000/- towards the costs, within 16 weeks from today, to the Bar Association, High court, Aurangabad, If the costs is not paid within the stipulated period, the civil application shall stand dismissed without further reference to the Court. (R.G. KETKAR, J.) 05.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 2915 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on board. Mentioned. By consent taken up for hearing. Though the respondent is served, none appears for him. Heard Shri Jadhav, learned A.G.P. for the appellant. Admit Call for record and proceeding. (R.G. KETKAR, J.) 05.12.2009. rlj/