21 caf 3923-2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3923/2025 IN FIRST APPEAL ST. NO.4013/2025 The Executive Engineer, Akola Pathbandhare Division, Akola Vs. Faimidabi Shekh Nasir and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Y.C. Ghodichar, Advocate h/f Shri P.B. Patil, Advocate for applicant Shri S.N. Chikhale, Advocate for respondent No.1 (thr. V.C.) Shri K.R. Lule, AGP for respondents/State CORAM : PRAVIN S. PATIL, J. DATE : 10.07.2026 1. By the present application, the appellant is seeking condonation of 463 days delay in preferring the appeal before this Court. 2. The averments made in the present application are controverted by the respondent No.1 by filing reply mainly on the ground that as per the provisions of the Act, delay cannot be condoned. 3. The learned Counsel for appellant has pointed out that the Hon’ble Supreme Court of India in SLP No. 215- 216/2023 considered this aspect and held that in the cases, where sufficient reasons are recorded for condonation of delay, the delay can be condoned. 4. Perusal of the application filed by the present appellant shows that sufficient reasons are recorded for 21 caf 3923-2025.odt 2 condonation of delay. Hence, for the reasons stated in the application, delay of 463 days caused in filing the appeal is hereby condoned. 5. Civil application stands disposed of accordingly. 6. The Registry is directed to register the appeal and list the same accordingly. CIVIL APPLICATION (CAF) NO.1482 OF 2026 1. By this application, respondent No.1/claimant is seeking permission to withdraw the amount of compensation which is deposited by the appellant in this Court. 2. The claimant has specifically stated that he is in dire need of the amount as his land is acquired in the present proceeding and he is facing financial crisis. 3. In view of this, respondent/claimant is permitted to withdraw 75% of the compensation amount which is deposited by the appellant in this Court along with interest accrued thereon, subject to undertaking that in case the appeal is allowed, the respondent/claimant will deposit the entire amount before this Court. 4. The issue as regards the calculation of the compensation amount at present is kept open. (PRAVIN S. PATIL J.) R.S. Sahare