1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.12462 OF 2008 IN CIVIL REVISION APPLICATION STAMP NO.506 OF 2008 Shivaji Shankarrao Patil & another ... APPLICANTS VERSUS State of Maharashtra & another ... RESPONDENTS ..... Shri A.B. Kale, Advocate for the applicants Shri M.L. Dharashive, A.G.P. for respondents ..... Coram : Shrihari P. Davare, J. Dated : 14th July, 2009. ORAL ORDER : 1. Perused. The applicants have preferred the present Civil Application for condonation of delay of 27 days in filing the accompanying Civil Revision Application. 2. It is the contention of the applicants that, by way of accompanying Civil Revision Application, they are challenging the order passed by the learned Special Land Acquisition Officer (M.I.W.), Latur dated 27.8.2007, but there is short delay in filing the said Civil Revision Application. Hence, the applicants have preferred the present Civil 2 Application for condonation of the said delay. 3. The applicants submit that, their land was acquired by the respondents under the nature of compulsory acquisition. Hence, the applicants filed the Land Acquisition Reference for compensation, but same was rejected. After the order passed by the Land Acquisition Officer, the applicants collected the necessary documents for filing Civil Revision Application, but in that process, time was consumed. Moreover, the financial condition of the applicants was not sound to approach this Court. Hence, all the said aspects led to delay in filing the accompanying Civil Revision Application. 4. The applicants submit that, they have got good case on merits and they have every hope to succeed in the matter. The delay occurred in filing the accompanying Civil Revision Application is not willful and deliberate and it was caused due to non-availability of funds and consumption of time in collecting necessary documents. Hence, the applicants pray that the said delay be condoned in the interest of justice. 5. Shri M.L. Dharashive, learned A.G.P. for the respondents vehemently opposed the present application, contending that no sufficient ground has been shown for the condonation of delay and also submitted that the present Civil Application bears no substance and same is devoid of merits and hence, same be dismissed. 3 6. Considering the rival submissions, the applicants have pleaded and proved the sufficient ground for the delay occurred in filing the accompanying Civil Revision Application due to non availability of funds and also because of consumption of time in obtaining documents/ copies and there is nothing to disbelieve the same. Moreover, apparently it appears that the delay caused in filing the accompanying Civil Revision Application is not willful, deliberate and inordinate and hence, same is required to be condoned in the interest of justice. 7. Besides that, the substantive rights of the applicants in the landed property are involved and, therefore also, opportunity is required to be given to the applicants to prosecute the accompanying Civil Revision Application on merits and hence, present Civil Application is required to be allowed. 8. Moreover, the applicants are sanguine of success in the accompanying Civil Revision Application and hence, they cannot be deprived of the opportunity to prosecute the same on merits. 9. In the result, present Civil Application succeeds and same is allowed in terms of prayer clause (B) thereof and delay of 27 days caused in filing the accompanying Civil Revision Application under Stamp No. 506/2008 stands condoned and accompanying Civil Revision Application be registered and numbered and be placed before the Court for admission in due course accordingly. (Shrihari P. Davare, J.)