Shri. Laxman Dharma Borkar And Ors vs The State Of Maharashtra (Through ...
2021 Latest Caselaw 1022 Bom

Vaishali
A. Tikam
Digitally signed
                                                                        1.IA 218 of 2020.odt
by Vaishali A.
Tikam
Date: 2021.01.16
15:14:16 +0530


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                           INTERIM APPLICATION NO. 218 OF 2020
                                                   IN
                              FIRST APPEAL ST. NO. 376 OF 2020

                   Laxman Dharma Borkar and Ors.               ... Applicants

                           Versus

                   State of Maharashtra                        ...Respondent
                                             -----
                   Mr. Sachin S. Punde for Applicants
                   Mr. Yogesh Dabke, AGP for State
                                              -----

                                            CORAM :- N.R. BORKAR, J.
                                            DATE :- 15TH JANUARY, 2021
                   P. C. :-

                   .            Heard learned counsel for the Applicant and
                   the learned AGP for the State.


                   2.          This is an application for condonation of delay.


                   3.          The Applicants herein have fled an appeal
                   against the judgment and award dated 25 th June, 2018 in
                   LAR No. 20 of 2015. However, in view of delay of 238
                   days in fling the said appeal, the present application for
                   condonation of delay is taken out.


                   4.          It   is   stated   in    the   application   that      the
                   Tikam                                                              1 of 3
                                                1.IA 218 of 2020.odt




Appellants are poor agriculturists whose land is acquired
in the year 1970 by the Respondent herein.                  The
acquired land was the sole source of income for the
appellants.      Appellants are facing heavy fnancial
difficulties, as the acquired land is no more in their
possession. Appellants stated that due to insufficiency
of funds, they could not arrange the amount of court
fees for preferring appeal within stipulated period.
Appellants have further stated that they have not
received      compensation    amount    awarded     by       the
reference court till today.



5.          The learned AGP for the respondent objected
to the prayer made on the ground that reasons assigned
in the     application are not sufficient to condone the
delay. It is submitted that no documents have been fled
in support of alleged fnancial difficulties.


6.          The applicants have specifcally stated that,
they have not received the compensation as awarded by
the reference court.      Considering the fact that the
Appeal is for enhancement of compensation, I am
inclined to allow the present application for condonation
of delay. Hence, following order:-



Tikam                                                        2 of 3
                                             1.IA 218 of 2020.odt




                      ORDER

(i) Interim Application No.218 of 2020 is allowed.

(ii) Delay of 238 in fling the Appeal is condoned.

(iii) Interim application is disposed of accordingly.

                                (N.R.BORKAR, J.)




Tikam                                                     3 of 3