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Bombay High CourtCA/4269/2025admittedallowedgrantedrule absolute

The Ex. Engineer, Osmanabad Medi. Proj. Div. And ORS v. Haibat Sidda Todakar (Died) Thr Lrs Shriram And ANR

2025-04-16Hon'Ble Shri Justice Neeraj P. Dhote2 pages

1 919CA4269.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

919 CIVIL APPLICATION NO. 4269 OF 2025 IN FAST/5648/2021 The Ex. Engineer, Osmanabad Medi. Proj. Div. And Ors

VERSUS

Haibat Sidda Todakar (died) Thr Lrs Shriram And Anr ...

Mr. Rahul A. Tambe - Advocate for Applicant Mr. Yash Pareek h/f Mr. A. B. Kale - Advocate for Respondents ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 16TH APRIL 2025 PER COURT : - 1.

This is an Application for condonation of 908 days' delay caused in preferring the First Appeal by the Acquiring Body against the Judgment and Award dated 16.06.2017 passed by the learned Civil Judge Senior Division, Bhoom, Dist. Osmanabad, in L.A.R. No. 297 of 2014. 2.

Heard learned Advocate for the Applicants and the learned Advocate for Respondents / Claimants.

3.

Learned Advocate for the Applicants submits that sufficient reasons are shown in the Application for not preferring Appeal within the prescribed period. He submits that due to administrative formalities, SG Punde

2 919CA4269.2025.odt some time was consumed and, therefore, the Appeal came to be filed after expiry of the time limit. He submits that the Application be allowed. 4.

The Application is opposed by the learned Advocate for the Claimants/Respondents.

5.

On hearing both sides and for the reasons mentioned in paragraph no. 2 of the Application, the Application is allowed in terms of prayer clause 'a)', subject to payment of costs of Rs.500/- [Rupees Five Hundred] to be deposited with the Bar Association of Reference Court i.e. Civil Judge Senior Division, Bhoom, Dist. Osmanabad. [NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 17/04/2025 19:54:47 SG Punde