FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 354 OF 2009 IN FIRST APPEAL (ST.) NO. 25364 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Jadhav, learned A.G.P. for the applicant and Shri M.S. Patil, learned counsel for respondents. This application is for condonation of delay of 315 days, occasioned in filing the appeal. In the application, it is averred that the impugned judgment and award was passed on 29.10.2007. The Law and Judiciary Department forwarded the proposal to the Office of the Government Pleader on 3.1.2008. The appeal was assigned for drafting and accordingly the appeal was drafted on 27.2.2008. The certified copies of the judgment and award were received on 29.2.2008. However, typed copies of the judgment and award were received on 14.11.2008. The appeal was eventually filed on 15.12.2008. On merits, the learned A.G.P. submits that the Land Acquisition Officer awarded compensation to the tune of Rs.43,120/-, which was enhanced to Rs.1,05,000/- by the Reference Court. Shri Patil, learned counsel for the respondents submits that there is no explanation for the period from 29.2.2008 to 14.11.2008. According to the learned counsel for the applicant, this time was taken for furnishing the typed copy of the impugned judgment and award. Though, I am not satisfied with the explanation given in support of this application, considering the controversy raised in the appeal, in my opinion, this is a fit case for condoning the delay, subject to payment of costs, as a condition precedent. Hence, civil application is allowed in terms of prayer clause "B" on the condition of the applicant paying cost of Rs.1,500/- to the respondents, within 12 weeks from today. If the amount of costs is not deposited, within stipulated period, the civil application shall stand dismissed without further reference to the Court. (R.G. KETKAR, J.) Date:27.11.2009. rlj/