Mallinath Gangadhar Mairan v. The State Of Maharashtra And ORS

2023:BHC-AUG:26005 1 909-CA-324-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 324 OF 2020 IN CROSS OBJECTION (ST) NO.5058 OF 2019 IN FIRST APPEAL NO.2405/2016 MALLINATH GANGADHAR MAIRAN (DIED) THROUGH HIS LRS.

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. R.V. Naiknavare, Advocate for Applicants Mr. S.K. Shirse, AGP for Respondent - State Mr. S.G. Sangle, Advocate for Respondent No.2 Mr. V.S. Tanwade, Advocate for Respondent Nos.3A to 3C & 4 to 7 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 12th DECEMBER, 2023 PER COURT :

1.

This is an application for condonation of 1275 days in filing cross objection.

2.

Learned advocate appearing for respective respondents and learned AGP for State strongly opposed the application stating that no sufficient ground is made out to condone the inordinate delay of 1275 days.

3.

For the reasons stated in the application and in view of decision in V.I.D.C., Through Executive Engineer, Minor Irrigation Works, Wardha Vs. Kawadu Narayan Tandulkar and Others, 2017

(6) Mh.L.J. 780, application is allowed, subject to the condition that applicants shall not claim interest for delayed period of 1275 days. Cross objection be registered. Applicants to remove office objections within a period of six weeks from today. (NITIN B. SURYAWANSHI, J.) SVH