1 c.a.13954.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A.NO.13954 OF 2010 IN F.A.ST.NO. 26612 OF 2010 [Godawari MIDC Vs. Manik Tukaram Unde and others] WITH C.A.NO.13964 OF 2010 IN F.A.ST.NO. 26597 OF 2010 [Godawari MIDC Vs. Chhayabai Nandkishor Joshi and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr.Umakant K.Patil,Advocate for Applicant Mr.S.B.Joshi,Advocate for respondent No.1 Smt.S.D.Shelke,AGP for respondent Nos.2 and 3 (in CA No. 13954 of 2010) Shri.B.J.Sonwane,AGP for respondent Nos.2 and 3 ( in CA No.13964 of 2010) .... CORAM: SHRIHARI P.DAVARE, J. DATE : 07th FEBRUARY, 2011. PER COURT : 1. Perused the contents of the applications and affidavit-in-reply filed by respondent No.1. 2. Heard learned counsel for the parties. 3. Leave to add/correct in prayer clause, granted. 2 c.a.13954.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 4. These two applications are preferred by the applicant – appellant /Original respondent No.3, Acquiring Body for condonation of delay of 498 days caused in filing accompanying Appeals. For the reasons stated in para Nos.2, 3, 4 and 6 of the present applications, the applicant has explained delay satisfactorily, and therefore, same deserves to be condoned, in the interest of justice. 5. However, since delay is almost for the period of one and half year, respondent No.1 is required to be compensated suitably, and hence, present applications deserve to be allowed by imposing costs upon the applicant. 6. In the result, applications are allowed in terms of prayer clause [B] thereof. The delay caused in preferring the accompanying First Appeals is condoned, subject to payment of costs of Rs.1000/-(Rupees One Thousand) by the applicants to be paid to respondent No.1 within a period of six weeks and 3 c.a.13954.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders accompanying First Appeal be numbered and registered. 7. Both the Civil Applications stand disposed of, accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK