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Bombay High CourtCA/6305/2018admittedallowedgrantedrule absolute

The M.K.V.D.C., Thr The Ex. Engineer, Irri. Project Strengthening Now Osmanabad M.P.D. And ORS v. Mallakappa Apparao Shirole Died Thr Lrs Shakuntala And ORS

2025-04-15Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:11300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

46 CIVIL APPLICATION NO. 6305 OF 2018 IN FAST/5032/2018 The M.K.V.D.C., Thr The Ex. Engineer, Irri. Project Strengthening Now Osmanabad M.p.d. And Ors

Versus

Mallakappa Apparao Shirole Died Thr LRs Shakuntala And Ors .....

Shri. Anil M. Gaikwad, Advocate for Applicants Shri. V. V. Ingale, Advocate for Respondent Nos. 1-A to 1-F .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 15, 2025 PER COURT :- .

This is the Application for condonation of 633 days delay in preferring the Appeal by the Acquiring Body against the Judgment and Award dated 22.02.2016 passed by the learned Civil Judge Senior Division, Omerga in LAR No.883/2009.

2.

It is submitted by the learned Advocate for the Applicants that sufficient reasons are shown in the Application for not preferring the Appeal within the stipulated time. He submits that, in one Civil Application filed with the connected Appeals i.e. Civil Application No.6307/2018, this Court by order dated 15.03.2024 has condoned the delay. He submits that this Application be allowed. 3.

The learned Advocate for the Respondents submits that appropriate orders be passed.

4.

After hearing both the sides and for the reasons mentioned in paragraph no.3 of the Application, the Application is allowed in terms of prayer clause '

A', subject to the Applicants' depositing costs of Rs.500/- (Rs. Five Hundred) with the Bar Association of the learned Reference Court i.e. Civil Judge Senior Division, Omerga. Application stands disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 19/04/2025 17:48:42