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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAF No. 2278 of 2013 In FA (St) No. 12082/13

The State of Maharashtra and ors v. Dadaji and ors

Office Notes, Office Memoramda of Coram,

appearances, Court's orders of directions

Court's or Judge's

orders.

and Registrar's Orders.

Ms Rashi Deshpande, AGP for applicants

Coram: B. P. Dharmadhikari And

V. M. Deshpande, JJ

Date : 17

^th December 2015

1.

None appears for land-owner even on

second call.

Heard learned Assistant

Government Pleader.

2.

Prayer is to condone delay of 430 days

caused in filing appeal under Section 54 of the

Land Acquisition Act. As reasons given in the

application originally filed were found

insufficient, the State Government has filed

additional affidavit in support thereof. The

previous occupation of concerned officer and

therefore his inability to take steps within time, is

the reason stated. The fact that officer was

occupied elsewhere has been brought on record

by giving datewise details.

3.

In this situation, as we do not see any

malafides, we condone delay. Office to register

the First Appeal.

4.

First Appeal : This Court has condoned

delay by separate order.

Admit.

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5.

Civil Application (St) No. 12087/13 :

Application is under Order 41, rule 5 of the Code

of Civil Procedure for grant of stay. The

application has been filed about two and half

years back and there are no interim orders

operating. However, according to learned

Assistant Government Pleader, the amount has

still not been recovered.

6.

If that be so, by ad-interim order, we

grant stay to coercive recovery subject to

appellants depositing 50% of the amount as

awarded by the Reference Court with the

Registry of this Court by 29.2.2016.

Place civil application for further

consideration on 29.2.2016.

Judge

Judge

joshi