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Bombay High CourtCA/4235/2019disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Department Osmanabad v. Nivrutti Ganpati Mitakari (Died) Thr Lrs Indubai And ORS

2019-12-10Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 20-delay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO.4235 OF 2019 IN FAST/8239/2019 NIVRUTTI GANPATI MITAKARI (DIED) THR LRS INDUBAI AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ANR ...

Advocate for Applicants : More P. P.

Adv. Kutti Choudhary Chaitali R. For R/1 ...

WITH CA/4233/2019 IN FAST/8717/2019 WITH CA/4237/2019 IN FAST/8728/2019 ...

CORAM : MANGESH S. PATIL, J.

DATE : 10.12.2019 P.C. :- Heard both the sides.

2] The learned advocate for the original claimants strongly opposes the applications for condonation of delay. He submits that it has not been properly explained and the delays may not be condoned. 3] I have gone through the papers. It is trite that the State machinery shall not stand on a different footing while seeking condonation of delay. But then one cannot ignore the fact that since the acquiring bodies function with the aid of various Officers of different cadres and the files are to be processed from one to the other, it is but natural that such procedural formalities would result in some delays.

( 2 ) 20-delay 4] Pertinently there is nothing on record to demonstrate any mala fides on the part of the acquiring body to cause the delays. 5] The burden of interest at an alarming rate being carried by the acquiring bodies should in fact work as a deterrence for causing such delays. 6] In view of such state of affairs, the delays are condoned. 7] The Applications are disposed of [MANGESH S. PATIL, J.] umg/