Executive Engineer, Nandur Madhyameshwar Project v. Dnyeshwar Punja Shirsat And ORS.
Gitalaxmi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 739 OF 2020 WITH INTERIM APPLICATION NO. 740 OF 2020 IN FIRST APPEAL NO. 1183 OF 2020 Executive Engineer, Nandur Madhyameshwar Project, Division Nashik ...Applicant In the Matter Between :
Executive Engineer, Nandur Madhyameshwar Project, Division Nashik ...Appellant
Versus
Dnyeshwar Punja Shirsat & Ors.
...Respondents
WITH INTERIM APPLICATION NO. 743 OF 2020 WITH INTERIM APPLICATION NO. 744 OF 2020 IN FIRST APPEAL NO. 1188 OF 2020 Executive Engineer, Nandur Madhyameshwar Project, Division Nashik ...Applicant In the Matter Between :
Executive Engineer, Nandur Madhyameshwar Project, Division Nashik ...Appellant
Versus
Waman Narayan Shirsat & Anr.
...Respondents
Ms. Chaitrali Deshmukh, for the Applicant/Appellant. Mr. Sachin Gite, for Respondent No. 1.
Ms. Tanaya Goswami, AGP, for the Respondent-State.
CORAM
Dr. Neela Gokhale, J.
DATED:
PC:- 1.
The applications seek condonation of delay of 2 years and some days in preferring the First Appeals against the judgements and awards dated 22nd August 2017 passed by the learned Civil Judge, Senior Division, Nashik in Land Reference Nos. 234 and 235 of 2010 respectively.
2.
Paragraph No. 5 of the respective applications contains a detailed table explaining the reasons for delay commencing from the date of passing of judgment and award till filing of the First Appeal. 3.
Ms. Chaitrali Deshmukh, learned Counsel for the Applicant/Appellant fairly brings to my notice the orders dated 24th September 2019 passed by this Court in Interim Application No. 1 of 2019. These orders rejecting the delay condonation applications made in preferring the First Appeals, are pertaining to the same project. In the detailed orders, this Court has specifically observed that the reasons disclosed by the Applicant/Appellant to justify the delay are insufocient and hence, the said applications were rejected. The same explanation is preferred in the present applications relating to the same project.
4.
In the circumstances, the explanation given to justify the delay is not acceptable. Nothing survives in the applications, hence
the same stand disposed as rejected. The registration of First Appeals also stands rejected.
(Dr. Neela Gokhale, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:
2024.01.12 15:28:53 +0545 GITALAXMI KRISHNA KOTAWADEKAR