１ IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4508 OF 2009 WITH CIVIL APPLICATION NO. 4509 OF 2009 IN SECOND APPEAL STAMP NO. 8491 OF 2009 The Chief Executive Officer, Zilla Parishad, Osmanabad ... APPLICANT V E R S U S Rangnath s/o Maruti Jadhake and others ... RESPONDENTS ________________________________________________________ Shri. K. G. Ghute Patil, Advocate for the applicant Respondents No. 1 & 2 though served absent Shri. N. R. Shaikh, A.G.P. for respondent No.3 ________________________________________________________ [ CORAM : A.V. NIRGUDE, J. ] DATE : 25TH SEPTEMBER,2009 PER COURT : 1. This application is for seeking condonation of delay of 777 days in filing of the second appeal. The appellant is the Chief Executive Officer, Zilla Parishad, Osmanabad. The respondents No.1 and 2 in 1996 had filed a suit for declaration of ownership and for recovery of possession of certain agricultural land at ２ village Mangrul, Taluka Kalamb, District Osmanabad. The appellant took up a defence that about 2 acre out of suit land was gifted by respondent No.1 and his brother to the Gram Panchayat, and the Gram Panchayat in turn gifted the same to the Zilla Parishad for construction of Primary Health Centre. 2. Despite this defence, the suit was decreed on 30th June, 2001. The appellant’s first appeal which was fortunately filed within time was also dismissed rather belatedly on 21st November, 2006. In view of the dismissal of the appeal, the appellant and the respondent No.3 are now under obligation to ‘initiate acquisition proceeding in respect of 2 acre northern portion of the suit land’. But neither such proceedings were initiated nor the appellant took steps to file this appeal for more than two years. 3. The explanation offered by the appellant is that he obtained certified copy of the impugned Judgment of the District Judge and forwarded the same to his Advocate at Aurangabad for filing of the second appeal. His Advocate at Aurangabad in turn informed him that for filing of the second appeal, he would also require certified copy of Judgment and decree passed by the trial Court. Rather belatedly the appellant obtained certified copy of ３ the trial Court’s Judgment and decree on 15th April, 2009 and thereafter the appeal was filed. The appellant admitted that after the communication of their Advocate at Aurangabad received, there was lapse on his part and delay was caused in filing of the application for certified copy of the Judgment and decree of the trial Court. The appellant tried to explain the delay in filing this appeal saying that it was due to ‘administrative difficulties’ and due to ‘lack of co-ordination’. This explanation mentioned in paragraphs No. 5 and 6 of the application is not at all convincing. The appellant is not expected to take legal matters so casually. It was necessary for the appellant to take steps in the matter immediately after the first appeal was dismissed. 4. The Courts below had held that the appellant had encroached on the respondents No. 1 & 2’s land and utilized the same for construction of Primary Health Centre. It is an admitted fact that in the meantime the appellant even completed the construction of Primary Health Centre and it is now operational. The Courts below held that the appellant had committed patent illegality. Despite this grave situation, the appellant simply ignored the importance of the case. I am not inclined to make my comments on the propriety of the impugned order, particularly the ４ direction given by the trial Court to the appellant and the respondent No.3 to initiate land acquisition proceeding in respect of the encroached portion of the suit land. But, having regard to the serious consequences arising from the impugned Judgment and order, and in view of handling of the case by the appellants, their application for condonation of delay would fail. The application therefore stands rejected. Thus, Civil Application No. 4509 of 2009 and Second Appeal Stamp No. 8491 of 2009 also stand dismissed. [ A.V. NIRGUDE, J. ] srm/CA4508.09