FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.225 OF 2008 IN FIRST APPEAL (ST.) NO.8759 OF 2005 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is for condonation of delay of 213 days caused in filing the appeal. 2 Heard Shri Jadhav, learned A.G.P. in support of this application. None appears for respondent. 3 In the application, it is averred that the impugned judgment and award was passed on 3rd July, 2004. Application for certified copy was made on 23rd February, 2005 and certified copies were ready for delivery on 17th March, 2005. The difference chart and typed copies of the judgment and award were received on 8th April, 2005 and 20th April, 2005. The appeal was immediately filed on 2nd May, 2005. 4 On merits, it is submitted that the Land Acquisition Officer awarded compensation @ Rs.250/- per R which was enhanced by the reference Court to Rs.500/- per R. Though, I am not satisfied with the explanation given in support of this application, considering the controversy raised in the appeal, in my opinion, delay deserves to be condoned subject to payment of costs by the applicant to the respondent. 5 Hence, civil application is allowed in terms of prayer clause (B) on the condition of applicant paying costs of Rs.500/- within eight weeks from today to the respondent. If the costs is not paid within the stipulated period, the civil application shall stand dismissed without further reference to the Court. (R.G. KETKAR, J.) 30.11.2009. PLK/*