1 ca5370.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5370 OF 2010 IN FIRST APPEAL ST. NO. 9243 OF 2010 WITH CIVIL APPLICATION NO.5366 OF 2010 IN FIRST APPEAL ST. 9196 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. T.B. Bhosale, Advocate for applicants. Mr. K.M. Suryawanshi, AGP for Resp.No.1. .... CORAM: K.K. TATED, J. DATE : 14TH DECEMBER, 2010. . Heard the learned Counsel for the applicants and learned A.G.P. for respondent No.1. No one appeared on behalf of respondent No.2 - original claimant. 2. Present Civil Applications are preferred by the acquiring body for condonation of 446 days delay in preferring the appeals against the judgment and award dated 03-05-2008 passed by the District Judge-2, Beed in 2 ca5370.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Land Acquisition References. 3. The learned Counsel appearing on behalf of the applicants submits that they applied for certified copies of judgment and award on 08-05-2008 and same were ready for delivery on 08-10-2008. He further submits that for preferring the appeals on behalf of Corporation, they have to take legal opinion from the Legal Advisor. After taking legal opinion, they have to take sanction from the higher authority. After getting sanction from the higher authority, they forwarded papers to the Advocate in the Hon'ble High Court. He submits that though papers were received by the Advocate, it remain on his part to file appeal for want of court fees and miscellaneous expenses. These facts are stated by the applicants in Para-2 of the Civil Applications. 4. I have gone through the entire Civil Applications. The applicants failed to disclose any sufficient cause for condonation of delay. Nowhere stated 3 ca5370.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders that when they applied for certified copies of judgment and award, when certified copies were ready for delivery, when papers were forwarded to their Legal Advisor for legal opinion, when they received legal opinion from Legal Advisor and when the authority took decision to file appeals in this Court. 5. Though the applicants failed to make out any case for condonation of delay, considering the amount involved in the present case, i.e. public money, I am of the opinion that the delay to be condoned on payment of costs of Rs.5000/- (Rs. Five thousand only) in each matter. 6. Civil Applications are allowed. The delay in preferring the appeals against the judgment and award dated 03-05-2008 is condoned on payment of costs of Rs.5000/- (Rs. Five thousand only) in each matter. Costs to be deposited in this Court within four weeks from today. 7. If the costs is not deposited within stipulated period, Civil Applications 4 ca5370.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders shall stand dismissed without referring back to the Court. Payment of costs is a condition precedent. 8. Civil applications are disposed of accordingly. [K.K. TATED,J.] sut/DEC10/ca5370.10