Allowed

The State of Maharashtra (through the Special Land Acquisition Officer) v. Shri. Namdeo Kana Mundkar (Deceased) through Legal Heirs Shri. Bhau Namdeo Mundkar and Ors.

Bombay HC18 Sept 2021CAF/2739/2017

Case brief

AI extract

What is this about?

Bombay High Court allowed an application for condonation of a 348-day delay in filing a first appeal. The court attributed the delay to administrative processing by the Law and Judiciary Department, accepted the explanation, and listed the appeal for admission.

What did the court decide?

Application for condonation of delay of 348 days is allowed; Civil Application disposed of.

The State of Maharashtra (through the Special… — Civil Procedure and Limitation | Bombay HC (2021)

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1 48-CAF 2739-17 in FAST 1602-16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2739 OF 2017 IN

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FIRST APPEAL (ST) NO.1602 OF 2016

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The State of Maharashtra Vs.

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Namdeo Kana Mundkar (Deceased) Through his legal heirs Bhau Namdeo Mundkar & Ors.

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... Applicant

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… Respondents

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Mrs.P.P. Shinde, AGP for applicant-State.

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Mr. Ashutosh Hasija h/f Mr.S.S. Punde for respondents No.1 to 5.

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CORAM: ABHAY AHUJA J.

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DATE : 18TH SEPTEMBER, 2021

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P.C.:

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By this application, the State of Maharashtra, applicant

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herein seeks condonation of delay of 348 days in fling this appeal against the judgment and award dated 28^th August, 2014 passed by the Learned Civil Judge, Senior Division, Panvel, District Raigad in L.A.R. No.32 of 2002.

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2. Learned AGP for appellant-State draws the attention of

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this court to paragraph 4 of the application to explain the delay. Paragraph 4 is quoted as under :-

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1 of 3

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Mugdha

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2 48-CAF 2739-17 in FAST 1602-16.odt

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“4. The Applicant further says that there was delay has been caused because the Law and Judiciary Department, Mantralaya, Mumbai took some time to scrutinize the proposal for passing resolution and thereafter, issuing sanction to prefer an appeal in this Hon’ble High Court as the said offce is required to examine large number of matters before giving opinion. The Applicant says that certifed copy of impugned Judgment and Award dated 28.08.2014 was received in the Offce of the Government Pleader, High Court, Mumbai on 04.09.2015 after expiry of limitation period. Thereafter, the work of drafting was entrusted to one of the Law Offcer, who in turn after due scrutiny drafted the Memo of Appeal. After getting adequate number of copies typed of the impugned Judgment and Award passed by the Reference Court and adequate number of copies of the Memo of Appeal, the Offce of the Government Pleader, High Court (A.S.), Mumbai fled the said First Appeal in this Hon’ble Court, Mumbai. In the process stated hereinabove, the delay has been caused in fling the said First Appeal in this Hon’ble High Court.”

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Learned counsel appearing for respondents submits that

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he has no particular objection if the application is allowed.

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It is also submitted on behalf of the parties that the stay

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of the impugned order has already been granted by this Court vide order dated 20^th August, 2019.

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2 of 3

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Mugdha

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3 48-CAF 2739-17 in FAST 1602-16.odt

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Having perused the application and having heard the

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learned counsel, this Court is inclined to allow the application and condone the delay of 348 days.

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Civil Application is accordingly disposed of.

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List the frst appeal for admission on 05/10/2021.

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(ABHAY AHUJA, J.)

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MUGDHA M PARANJAPE

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Digitally signed by MUGDHA M PARANJAPE Date: 2021.09.21 14:38:04 +0530

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3 of 3

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Mugdha

The State of Maharashtra (through the Special Land Acquisition Officer) v. Shri. Namdeo Kana Mundkar (Deceased) through Legal Heirs Shri. Bhau Namdeo Mundkar and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra (through the Special Land Acquisition Officer) v. Shri. Namdeo Kana Mundkar (Deceased) through Legal Heirs Shri. Bhau Namdeo Mundkar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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