COURTOE JUDICATURE AT BOMBAY

IN THE HIGH
NAGPUR BENCH ATNAGPUR,

APLICATION NO, 35LO

CVL

FIRST PPEAL NO, OF 2031,

F4S1/)4859/)
Shakuntalabai Shriram Gawande
APPLICANTS

(Dead) though her Legar heirs:

Ambades Shicwy1 Gonde Dead) thrvgh
LRS.
Oi. Aglicant 1-A Aashabai Ambadasji Gawande,

Aged about: Major, Oce: Agricu.

) Digonban shiremyiGaoande heal) thnough
Ori. Aglicant 2 Praful Digamber Gawande,

No S-4 Aged about: 45, Oce: Agricu.

Ori. Agplicant Dilip Diganmber Gawande,

No. S-B Aged about: Major, Occ: Agricu.

Ori. Applicant 4 Sau. Vimal Bhagawanji Manohare,

No. 6. Aged about: Major, Occ: Agricu.

All R/o. Manikwada, Tah: Ner

 District: Yavatmal.

VERSUS

RESPONDENTS:1. The State of Maharashtra,

Through-Collector, Yavatmal,

Tah & District: Yavatmal.

2 Land Acquisition officer, Darwha,

Tah: Darwha, Dist: Yavatmal,

3 Executive Engineer,

Medium Project, Kumbharpind

Project, Yavatmal, Dist: Yavatmal.

Ori, Applicant 4.
Shakuntalabau Ensisa
Shriram Undaruji Gawande,Gausendecoea
LRS.
mig
No. 1, Aged about: 95, Occ: Agricu.
Ori. Applicant Hardas Shriramji Gawande,
No. 2
Aged about: 65, Occ: Agricu.
Ori. Applicant 6.
Bhanudas Shriramji Gawande,
 No, 3. Aged about: 60,Oce: Agricu.
Arbalny Shiranu Gasonde Coend)Wrn Ls
Ori. Applicant Sajan Ambadasji Gawande,

No. 4-B Aed about: 38, Oce: Agricu.

Ori. Applicant 8 Jitendra Ambadasji Gawande,

No, 4-C Aged about: 36, Occ: Agricu.

Ori. Applicant 9. Kalpana Pareshkumar Bhausar,

No. 4-D Aged about: 36, Occ: Agricu.

Ori, Applicant 10. Sau. Ranjana Niranjanrao Manohare,

No, 4-E Aged about: 32, Occ: Agriculturist

Digom bar Shivami Gowende coend) ttyoug L
Ori. Applicant 11. Shital Vishalrao Bhalerao,

No. 5-C Aged about: Major, Occ: Agricu.

Ori. Applicant 12. - Ratnakala Digamber Gawande,

No. 5-D Aged about: Major, Occ: Agricu.

Respondent No. 4 to 12 are resident of

Manikwada, Tah: Ner, Dist: Yavatmal

 he

LIMIATIONAC
SECTION 5 OF
APPLICATION UNDER FILING FRST
DELAY IN
CONDONATION OF
FOR LAND
ACQUISTTION
SECTION 54 OF
APPEAL UNDER CIVIL
SECTION 96 OF CODE OF
WITH
ACT, 1894, READ
PROCEDURE 1908.
submit as under:
applicants/appellants most respectfully
The challenging
Applicants/Appellants have filed this appeal
1. The
Judgment and Award dated 02.11.19 passed
the impugned
learned Civil Judge Senior Division, Darwha,(
by the
Court', for the sake
hereinafter referred to as "the Reference
71 of 2006,
of brevity), in Land Acquisition Case No.
thereby partly allow the reference.

2. That, the impugned Judgement and Award is passed on

02.11.19 by the learned reference court. It is submitted that ,

since there was a communication gap between the applicant

and his local counsel, therefore, passing of the impugned
Judgment could not be communicated to the applicants in

due time. The Applicants gained knowledge of passing of

the impugned Judgment in the month of December 2020 for
 postal cornmunication from
roceived
the first time when he
him about passing of the impugned
his counsel informingg
Judgment. After eceipt of the aforesaid postal

communication the applicants contacted

his counsel and

copy of the impugned Judgment in the

procured the certified
August 2021. The above first appeal is being filed
month of
30.10.21 which is thus delayed by an about G27 days.
on

submitted that, the Applicants are agriculturist and

3. It is
source of income they are maintaining
through such only
income they are not
their livelihood, beside agricultural
other source of income. It is submitted that, the
having any
being the resident of Vidarbha a drought affected
applicants
state and that too the worst affected District
region of the
suffered severe crop loss ultimately financial
Yamatmal, he
whatever amount they have received from the amount
crisis,
2021 with
deposited by the respondents in the month of June
impugned
the learned reference court after passing of the
Judgment and award, has been incurred upon necessary

expenses and in refund of the hand loan taken in the time of

 6

instant appeal within

could not prefer the
crisis, thus they were unable to
limitation, since they
stipulated period of expenses.
necessary
for court fees and etc.
arrange funds

the applicants
being a rustic
submitted that
4. It is humbly
such court litigation
across with any
villager and never came
time, except the instant one. Therefore, they
during their life
courts of
conversant with the procedural aspect of
are not
bonafide unawareness and
law. Because of their said
not prefer the appeal within limitation
illiteracy they could

The substantive rights of the applicants should not be

period.
ground by taking
allowed to be defeated on the technical
a matter
hyper technicalview of said imposed limitations in
compensation of land acquisition. The said reason is
of
may be condoned
bonafide one and therefore, the said delay
this Hon'ble court in the interest of justice and equity.
by
reference
That Hon'ble reference court allowed the so many
village and same notification.
out of the same award, same

the above mentioned facts and

5. That, in view of
the light of law laid
circumstances of the present case and in
 down by this Hon'ble court in its verdict reported in AIR
2008 NOC(Bombay) 1833 and further the ratio of law laid
down by the Hon'ble Apex court in the case of Immratlal,
this Hon'ble court may kindly be pleased to condone the
2
aforesaid delay of about37 days in fling above first
appeal which is bonafide one. This Hon'ble court has bee

pleased to take lenient view in several identical matters by

condoning much more delaly involved in the present case
and the same lenient view and its benfits may
kindly be
extended to the present applicants in the interest of justice
and equity. If the said delay is
condoned and the matter is
adjudicated upon merits no such prejudice would be caused
to the Respondents.
Hence this application.

PRAYER: It is therefore, prayed that this

Hon'ble court be
pleased to
a. Allow the instant application and
condone
the delay of(63days which is
caused in
 this Hon'ble
filing the First Appeal before
view of the reasons stated
court in

hereinabove.

which this Hon'ble

b. Grant any other relief
facts and
court deems fit and proper in the

circumstances of the instant application and

also in the interest ofjustice.

NAGPUR

COUNSEL FOR APPLICANTS

DT:

SOLEMN AFFIRAMTION

1, Praful S/o. Digamber Gawande, aged about; 45 years, Occ:

Agriculturist, R/o. Manikwada, Tahsi: Ner, Dist; Yavatmal, do
hereby take oath and state on solemn affirmation that the instant

application running from paras 1 to 5 for condonation of delay is

drafted by my counsel as per my instructions and the contents

thereof are read over and explained to me in vernacular, which I

 understood and found them to be true and correct to my personal

knowledge and belief.

2021
Hence verified and signed on this 30h day of October,
at Nagpur.

I know & identify

The deponent

DEPONENT
Adu