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Bombay High CourtCA/2487/2017admittedallowedgrantedrule absolute

The Executive Engineer, M.I.S.D. Osmanabad (Under K.K.V.M.Pune) And ANR v. Indubai Manikrao Bhojane (Jagtap)

2024-01-23Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2487 OF 2017 IN FIRST APPEAL ST. NO. 4365 OF 2017 The Exeuctive Engineer MISD Osmanabad & another .. Applicants

Versus

Indubai Manikrao Bhojane (Jagtap) .. Respondent Ms. A. S. Hoge Patil, Advocate for the applicants. Mr. P. V. Gole, Advocate holding for Mr. V. D. Gunale, Advocate for respondent.

WITH FIRST APPEAL ST. NO. 4365 OF 2017 CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1.

This is an application for condonation of delay of 1315 days in filing appeal against the judgment and award dated 27th February, 2013 passed in LAR No. 392/2000.

2.

Applicants claim that owing to the administrative difficulties, the appeal could not be filed in time. Applicant is the public authority. Public exchequer is involved in the present case. Learned counsel for respondent opposed the application. No malafides can be attributed to the applicants in not preferring appeal

- 2 - ca2487.17.odt in time. . Hence, in the interest of justice, application stands allowed in terms of prayer clause 'B'. Appeal be registered. ( R. M. JOSHI) Judge dyb