FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 1725 OF 2009 IN FIRST APPEAL (ST.) NO. 2460 OF 2008 ________________________________________________________ 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 703 days caused in filing the appeal. The applicant has preferred first appeal against the judgment and award dated 13.11.2006 passed by the learned Adhoc District Judge-2, Latur in L.A.R. No. 754 of 2002. Heard Shri Jadhav, leaned A.G.P. in support of the application and Shri. A.M. Gaddime, learned counsel for the respondent-claimant. The Law and Judiciary department forwarded the proposal to the office of the Government Pleader on 1.1.2008 i.e. after one half half years from the date of judgment and award. After receipt of the proposal, the office of the Government Pleader addressed a letter dated 8.1.2008 for sending certified copy of the judgment and award, typed copy, different chart, court fees etc. These documents were received on 4.10.2008 i.e. after nearly nine months from the date of requisition. The appeal was however, filed on 30.1.2009. There is also delay of three months. On merits, learned A.G.P. submitted that the Land Acquisition Officer awarded compensation of Rs.15,225/- which was enhanced by the Reference court to Rs.36,498/-. After hearing learned counsel for the parties, I am satisfied that the applicants have not explained the delay satisfactorily. The proposal was submitted after one and half years from the date of judgment and award. Even the documents were submitted after nine months and after submission of documents on 4.10.2008, the appeal was actually filed on 30.1.2009 i.e. again after three months. Even on merits, considering the quantum involved in the appeal, in my opinion, this is not a fit case to condone the delay. In the result, the application is dismissed. In view of the dismissal of this civil application, first appeal also stands dismissed. Civil application No. 1742 of 2009, for stay does not survive and the same is also dismissed. (R.G. KETKAR, J.) Date:05.12.2009. rlj/