← Library
Bombay High CourtCA/2327/2022delay condonatedrejected

Ex. Engineer, Minor Irrigation Div. 1 Aurangabad v. Jankiram S/O Ananda Lokhande And ANR

2022-02-25Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

906-ca-2327-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2327 OF 2022 IN FAST/1130/2022 EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION 1 AURANGABAD

VERSUS

JANKIRAM S/O ANANDA LOKHANDE AND ANOTHER ....

Mr. V.C. Solshe, Advocate for the Applicant Mr. D.A. Bide, Advocate for Respondent No.1 Mr. A.B. Chate, AGP for Respondent No.2 / State ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 25th FEBRUARY, 2022 PER COURT:- 1.

It is an application for condonation of delay moved by the applicant / acquiring body.

2.

Issue notice to respondents. Mr. Bide waives notice for respondent no.1 and Mr. Chate, learned AGP waives notice for respondent no.2 / State.

3.

Heard Mr. Solshe, learned counsel for the applicant, Mr. Bide, learned counsel for respondent no.1 / original claimant and Mr. Chate, learned AGP for respondent no.2 / State.

906-ca-2327-22 4.

Mr. Bide, learned counsel for the original claimant and Mr. Chate, learned AGP for respondent no.2 / State opposed to condone the delay on the ground that the applicant has not assigned sufficient reasons to condone the delay. On the other hand, learned counsel for the applicant / acquiring body submits that the applicant has assigned sufficient reasons in the application for condonation of delay. There seems to be delay of 703 days in preferring the appeal.

5.

For the reasons stated in the application for condonation of delay, more particularly in para no. 3, delay needs to be condoned.

O R D E R

(i) The application is hereby allowed in terms of prayer clause (B).

(ii) The Registry to make scrutiny of the appeal and it be numbered and place before the concerned Court for admission. (iii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane