Ex. Engineer, Minor Irrigation Div. Osmanabad v. Prakash Shrimant Ingle And ORS

39 ca.3552.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

39 CIVIL APPLICATION NO.3552 OF 2022 IN FAST/5965/2022 EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD

VERSUS

PRAKASH SHRIMANT INGLE AND OTHERS ...

Advocate for Applicant : Mr. Shirish G. Sangle. Advocate for Respondent No.1: Mr. R. V. Naiknavare. APP for Respondent Nos.2 & 3 : Mr. P. M. Kulkarni. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

14th March, 2022.

P.C.:

.

It is an application for condonation of delay moved by the appellant/acquiring body.

Heard Mr. Shirish G. Sangle, learned counsel for applicant/acquiring body.

Issue notice to respondent Nos.1 to 3. Mr. R. V. Naiknavare, learned counsel waives notice for respondent No.1/original claimant and Mr. P. M. Kulkarni, learned AGP waives notice for respondent Nos.2 and 3/State.

Mr. Kulkarni, learned AGP has no objection to condone the delay.

Mr. Naiknavare, learned counsel for respondent No.1/original

39 ca.3552.22.odt claimant raised objection to condone the delay. He submits that no sufficient reasons are assigned in the application for condonation of delay. The application may be rejected.

Mr. Shirish G. Sangle, learned counsel for applicant submitted that there is delay of 1429 days in preferring the appeal. The delay was occurred due to completing the procedural formalities and sanction. The delay was not intentional.

For the reasons stated in the application for condonation of delay, paragraphs 2 to 8, the delay needs to be condoned in the interest of justice. Hence, the following order is passed:

O R D E R

I.

The application for condonation of delay is hereby allowed.

II.

The Registry is directed to make scrutiny of the appeal as per the procedure and it be numbered and placed before the Court for admission.

III.

The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga