Sahebrao Kisan Khendhale Thr Lrs Manohar And ANR v. Ex. Engineer, Minor Irrigation Division (Local Sector) Jalna And ORS

(1) 923 CA-4054.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4054 OF 2020 IN FAST/8126/2019 SAHEBRAO KISAN KHENDHALE THROUGH LRS MANOHAR AND ANOTHER

VERSUS

EX. ENGINEER, MINOR IRRIGATION DIVISION (LOCAL SECTOR) JALNA AND OTHERS ...

Mr. Kumar Gaurav More, Advocate for the applicants. Mr. S.R. Yadav-Lonikar, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

02.08.2022.

ORDER:- 1.

Heard. Issue notice to the respondents returnable on 13 September 2022. Learned A.G.P. waives notices for all respondents.

2.

The applicants are seeking condonation of delay of 1198 days in fling the frst appeal against the award dated 26.08.2015 in LAR No. 2654 of 2010. The learned Counsel for the applicants submits that the applicants are poor persons, doing the labour work, and therefore, could not fle the appeal within the limitation period.

3.

The learned A.G.P. strongly opposed the application and claimed that the applicants should not be made entitled

(2) 923 CA-4054.2020.odt for monetary benefts for the delay period. In view of the same and for the reasons stated in the application, the application is allowed and the delay of 1198 days caused in fling the appeal, stands condoned, subject to condition that the applicants shall not claim any interest for the aforesaid delay period. 4.

The Civil Application stands disposed of.

5.

First Appeal be placed for admission, after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) VD-Dhirde