The Ex. Engineer, (P.T. And M.I) Div. No.1 Osmanabad v. Manik Limbaji Suryawanshi And ORS

947-ca-11202-21(delay)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11202 OF 2021 IN FAST/10419/2021 THE EX. ENGINEER, (P.T. AND M.I) DIV. NO.1 OSMANABAD

VERSUS

MANIK LIMBAJI SURYAWANSHI AND OTHERS ....

Mr. Ram B. Deshpande, Advocate for the Applicant Ms. D.S. Jape, AGP for Respondent Nos. 2 and 3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 04th JANUARY, 2022 PER COURT:- 1.

It is an application for condonation of delay moved by the applicant / acquiring body. There seems to be delay of 1927 days in preferring the first appeal.

2.

Heard Mr. Ram Deshpande, learned counsel for the applicant and Ms. D.S.Jape, learned AGP for respondent nos. 2 and

3. Respondent No.1, though duly served, remained absent. 3.

Mr. Deshpande, learned counsel for the applicant submits that the delay caused in preferring the appeal was not intentional or deliberate, it occurred due to procedural aspects. He submits that there are various questions of law involved in the proposed appeal and it is necessary to condone the delay.

947-ca-11202-21(delay) 4.

Having regard to the submissions of learned counsel for the applicant and for the reasons stated in the application in para nos. 2 to 4, and in the interest of justice, it is necessary to condone the delay.

O R D E R

(i) The application is hereby allowed in terms of prayer clause (B).

(ii) The Registry to make scrutiny of the appeal and it be numbered and place before the concerned Court for admission. (iii) Civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane