1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.2276/2009 IN FIRST APPEAL ST. NO.11904 OF 2009 (The State of Maharashtra and others vs. Krishna s/o Shankarrao Dafare and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A.S. Fulzele, Assistant Government Pleader for the applicants. ------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JUNE 8, 2010 Heard Shri Fulzele, learned Assistant Government Pleader for the applicants. None appears for the respondents though served. By this civil application, the applicants have prayed for condoning the delay of two years and six days in filing first appeal. The first appeal is arising from the judgment and decree passed by the Reference Court, by which the compensation awarded by the Land 2 Acquisition Officer has been enhanced by about Rs.39 lakhs. The respondents have not filed any reply opposing the prayer in the civil application. We have perused the civil application. Though the explanation given by the applicants for delay in filing first appeal is not satisfactory, in the interest of justice and in view of the fact that the applicants have deposited the entire decretal amount in pursuance of the order dated 24.12.2009 passed by this Court, we are inclined to allow this civil application in terms of the prayer made in the civil application, subject to applicants depositing costs of rupees two thousand in this Court within a period of six weeks from today. Order accordingly. Both the respondents will be at liberty to withdraw the costs of rupees one thousand each. The civil application is disposed of. JUDGE JUDGE khj