Executive Engineer Minor Irrigation Division Jalna And Another v. Bapusaheb Ganpat Shinde And Others

2025:BHC-AUG:15414 1 1010 ca 2843.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2843 OF 2025 IN FIRST APPEAL STAMP NO. 7497 OF 2025 The Executive Engineer Minor Irrigation Division Jalna and another .. Applicants

Versus

Bapusaheb Ganpat Shinde and others .. Respondents Shri Ramesh R. Imale, Advocate for the Applicants. Shri B. A. Shinde, A.G.P. for the Respondent Nos. 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH JUNE, 2025.

FINAL ORDER :

.

Heard Mr. R. R. Imale, learned advocate for the applicants and the learned Assistant Government Pleader for the respondent Nos. 2 and 3. None appears for the respondent No. 1/claimant.

2.

The applicants seek to condone delay of 1731 days caused in preferring first appeal challenging judgment and award passed by the Reference Court. It is contended that para Nos. 2A to 2F are good grounds to condone the delay.

3.

As the grounds for condonation of delay have not been controverted by the contesting party, there is no impediment for

2 1010 ca 2843.25 allowing the civil application. I do not find any malafides on the part of the applicants to prefer the appeal belatedly. However, non compliance of earlier order dated 12.03.2025 is noticed. Learned counsel Mr. Imale undertakes to deposit the amount within a period of four (04) weeks from today. 4.

For the reasons stated above, civil application is allowed in terms of prayer clause 'B' on condition that the applicants shall deposit the amount under ward within a period of four (04) weeks from today. Office is directed to register the first appeal. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/June 25