1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9961/2008 IN FIRST APPEAL ST.NO.11886/2006 ---------------------------------------------------- The State of Maharashtra .. APPLICANT VS Machindrakumar Bhausaheb Birajdar .. RESPONDENT .... Shri Dilip Bankar Patil,AGP, for applicant ... CORAM : R.K.DESHPANDE,J. DATE :24/07/2009 ORAL ORDER : 1. Heard learned Assistant Government Pleader for applicant. 2. This is an application by the State seeking condonation of delay of 731 days caused in filing appeal challenging the judgment and order dated 26/2/04 passed by the learned C.J.S.D. Nilanga, Dist.Latur in Land Acquisition Reference No.382/98. Notice of this Civil Application was issued on 2/5/2009. Although non applicant-claimant is served, no one appears for him. 2 3. The learned AGP states that the delay has been caused due to some steps which were required to be taken in preferring appeal and the same are stated in the Civil Application. The learned counsel therefore, states that the delay of 731 days is properly explained in the application and therefore, the same needs to be condoned, particularly, when it remains to be uncontroverted. 4. It is now well settled that while considering the sufficient cause, the Court has to adopt the liberal approach and more particularly when the State is preferring the appeal and there is no lack of bonafide or negligence in prosecuting the cause. In view of this, I find that the appellant-State has made out sufficient cause for condonation of delay. Civil Application is allowed. Delay caused in filing appeal, is therefore, condoned. Office is directed to register the First Appeal. [R.K.DESHPANDE] JUDGE umg/ca9961-08