1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION Z. NO.596/2010 IN LETTERS PATENT APPEAL ST. NO.13443/2010 IN WRIT PETITION NO.2000/1992 (D) Appellant :- Namdeo son of Jangluji Panghate Aged about 62 years, Occu. Agriculturist, R/o Adegaon, Tq. : Zari (Zamni), Dist. Yavatmal. ...Versus... Respondents :- 1. The State of Maharashtra through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai – 32. 2. Maroti son of Hiru Madkam, R/o at Post Adegaon, Tq. Wani, Distt. Yavatmal. --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri M.N. Ingley, Adv. for applicant/appellant] [Shri D.B. Yengal, AGP for respdt. No.1] [None for respdt. No.2 though served] CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED :- 28.10.2010 This is an application for condonation of delay in filing letters patent appeal. Though served, none appears for contesting respondent No.2. The delay that is caused is of five years eight months and twenty one days and in paragraph Nos.3 to 8 there are reasons given for not filing the letters patent appeal earlier. 2 It appears that the matter went in default due to non-removal of office objections by the learned Counsel. Since we find that the letters patent appeal is required to be decided on merits, in view of the question of law that is involved, we are inclined to condone the delay particularly because none appeared for the contesting respondent No.2, who is a tribal and who is not able to get his land back from the non-tribal since 1984-85. The reasons in the above said paragraphs are satisfactory and we, therefore, condoned the delay in filing letters patent appeal. Hence, delay is condoned. Civil Application is allowed. Civil Application stands disposed of. No order as to costs. JUDGE JUDGE SSW