The Ex. Engineer, Irrigation Department Osmanabad Thr Gmidc, Aurangabad v. Ambadas S/O Dadarao Deshmukh And ORS

2025:BHC-AUG:24158 -1- 946-CA-9212-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9212 OF 2022 IN FAST/8893/2022 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD

VERSUS

AMBADAS S/O. DADARAO DESHMUKH AND OTHERS ......

Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, Advocate for Applicant. Mr. Vikas G. Kodale, Advocate for Respondent No.1. Mrs. A. S. Mantri, AGP for Respondent Nos.2 and 3. ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 10 SEPTEMBER 2025 PER COURT :

1.

Present application has been filed by the acquiring body for condonation of delay of 954 days caused in filing appeal against judgment and award passed by the learned Joint Civil Judge, Senior Division, Osmanabad in L.A.R. No.1150 of 2015. 2.

Learned counsel for applicant - acquiring body submits that time spent for administrative reason and other reasons for delay are spelt out in the civil application. He further submits that, there is no deliberate and intentional delay and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned.

-2- 946-CA-9212-2022 3.

Learned counsel for respondent No.1 raised formal objection to condone the delay.

4.

For the reasons mentioned in civil application and in the interest of justice and fair opportunity, delay caused is required to be condoned. Delay stands condoned. Civil Application stands disposed off. Appeal be duly registered.

5.

In First appeal, issue notice to the respondents. Learned counsel Mr. Vikas Kodale waives service of notice on behalf of respondent no.1. Learned AGP waives service of notice on behalf of respondent nos.2 and 3.

6.

List the First Appeal for Admission on 10.10.2025. (ABHAY S. WAGHWASE, J.) Tandale