1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.5538/2006 IN FA ST NO.11074/2006. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders CORAM : K.U.CHANDIWAL, J. DATE: 12 th June, 2009. ... Heard learned AGP for appellants. 2) There is delay of 859 days in causing to file the first appeal. The State feels aggrieved by the Judgment and Award dated 26.9.2003 recorded by learned Joint Civil Judge, Senior Division at Nanded in LAR No.256/1999. The delay is exorbitant, it is not properly explained. Awaiting for the typed copies by itself will not be a ground for condonation of delay. That apart, perusal of paragraph 4 of the judgment under challenge illustrate, in the vicinity, the Government has acquired the property for Mandvi Brahad Minor Irrigation Project on 5.12.1998 and the land owners were given rate of Rs.60,000/- per acre. There cannot 2 be a controversy on this aspect. The claim was placed on the same padestal by the learned Judge. Since the delay is not properly explained, application dismissed. Consequently, the appeal also stands rejected. Necessary Court fees be refunded as per the Rules. ( K.U.CHANDIWAL ) JUDGE bdv/ca5538.06