-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 5440/2007 IN F.A.ST.NO. 11240/2007 State of Maharashtra - versus- Kamlabai Sitaram Khawale ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 22, 2009. Heard learned A.G.P. for applicant. The application is already abated against respondent no.3 – Gajanan. Prayer is to condone delay of 715 days in filing appeal under section 54 of the Land Acquisition Act. Perused affidavit in support of prayer. It appears that after obtaining certified copy, communication was sent to Law and Judiciary on 8.6.2005 and Law and Judiciary sanctioned filing of appeal on 3.8.2005. On 11.08.2005 office of Government Pleader at High Court demanded certain documents. It also appears that on 14.11.2005 there was some meeting in the office of Collector at Washim. The question whether appeal should be filed -2- or not was related. It appears that thereafter the documents were applied for on 3.4.2007 and after receipt of certified copy the papers were handed over to the office of the Government Pleader on 28.5.2007. The application was drafted on 21.6.2007 and after affidavit was sworn, application has been filed on 12.7.2007. It therefore appears that all the while steps to file appeal were being taken. There are no malafides in the matter. Though respondents are served, they are not appearing. Hence in the interest of justice, delay is condoned. Office to register the appeal and place it for further consideration. JUDGE Rgd.