The Ex. Engineer, Minor Irrigation Division No. 1 Aurangabad And ORS v. Kailash Dalsing Bainade

18-2665-2020CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO.2665 OF 2020 IN X-OBJST/2543/2020

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ORS.

VERSUS

PHULCHAND PARASRAM CHUNGADE - AND - 18 CIVIL APPLICATION NO.2666 OF 2020 IN X-OBJST/2633/2020 THE EX. ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ORS.

VERSUS

KAILASH DALSING BAINADE Mrs R.D. Reddy, Advocate for applicants Mr P.N. Sonpethkar, Advocate h/f Mr A.P. Sonpethkar, Advocate for respondent/sole CORAM : SHRIKANT D. KULKARNI, J.

DATE : 25th April, 2022 PER COURT :

1.

These are the applications for condonation of delay moved by the applicants/acquiring body.

2.

Heard Mrs R.D. Reddy, learned Advocate for applicants/acquiring body and Mr P.N. Sonpethkar, learned Advocate for respondent/claimant. 3.

In Civil Application No.2665 of 2020, there is delay of 1934 days in preferring the Cross Objection, whereas in Civil Application No.2666 of 2020 there is delay of 1555 days in preferring the Cross Objection. Even though there is inordinate delay in preferring the Cross Objections in respective appeals, having regard to the nature of dispute and looking to the fact that no

18-2665-2020CA prejudice would be caused if the delay is condoned and the grounds raised in the Cross Objections would be considered while deciding the Cross Objections and appeals, the delay needs to be condoned.

ORDER

(i) The applications are hereby allowed in terms of prayer clause (B). (ii) The Registry is directed to make scrutiny of Cross-Objections as per procedure and thereafter those be numbered and placed before the Court for admission.

( SHRIKANT D. KULKARNI, J.) vvr