Bhagwan Kaluba Sonwane And ORS v. The Ex. Engineer, Minor Irrigation Division, Jalna And ORS

(1) 937 CA-2694.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 2694 OF 2022 IN FAST/5172/2020 BHAGWAN KALUBA SONWANE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALNA AND OTHERS ...

Mr. Vilas Humbe, Advocate for the applicants. Mr. R.B. Dhaware, A.G.P. for respondent Nos.2 and 3/State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1061 days in filing the appeal, which appears to be caused due to their poor financial condition.

3.

The learned AGP strongly opposed the application on the ground that the delay is not properly explained and it is inordinate. The learned Counsel for respondent No.1 Acquiring Body remained absent.

4.

Considering the statutory right of the applicants and for the reasons stated in the application, the application is

(2) 937 CA-2694.2022.odt allowed and the delay of 1061 days in this application stands condoned subject to cost of Rs. 1,500/- to be deposited with the Registry of this Court for utilization of High Court Dispensary within three weeks and also subject to condition that the applicants shall not claim any interest and statutory benefits for the period of aforesaid delay.

5.

The appeal be placed for admission after removal of office objections, if any, and deposit of cost.

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde