The State Of Maharashtra vs Dilawar Sardarbhai Mulani
2022 Latest Caselaw 635 Bom

                                                                              (25)CAF-242-2021.doc


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         Digitally
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by

                                          CIVIL APPELLATE JURISDICTION
         RAJSHREE
RAJSHREE KISHOR
KISHOR   MORE
MORE     Date:
         2022.01.19
         17:25:54
         +0530                           CIVIL APPLICATION NO.242 OF 2021
                                                             IN
                                    FIRST APPEAL (STAMP) NO.5963 OF 2004


                      The State of Maharashtra                        ]
                      Through The Collector, Pune.                    ]..   Applicant
                                   vs.
                      Dilawar Sardarbhai Mulani                       ]..   Respondent


                      Mr.A.R. Patil, AGP for Applicant-State.
                      None for Respondent.
                                                CORAM : N.R.BORKAR, J.

                                                DATE     :        18TH JANUARY 2022


                      P.C.


                      1]     This application is filed by the State for condonation of delay of 9

years and 268 days in filing the First Appeal against the Judgment and Award dated 17.02.1994 passed by the learned Civil Judge, Senior Division, Nashik in LAR No.62/1986.

2] I have heard the learned AGP for the applicants-State and perused the averments made in the application.

3] Admittedly, the award of reference Court impugned in the First Appeal is dated 17.02.1994. The amount of enhancement appears to

(25)CAF-242-2021.doc

be only Rs.5,514/-. Considering the meager amount of enhancement, I am not inclined to condone the delay after 27 years. Accordingly, following order is passed :

i] Civil Application for condonation of delay is dismissed. Ii] Needless to mention that I have not examined the impugned Judgment and award on merit and therefor any observations in this order shall not be construed to mean that I have upheld the impugned Judgment and award on merit.

[N.R.BORKAR, J]