The Ex. Engineer, Minor Irrigation Strengthening Division, Omerga And ANR v. Raosaheb Narayan Gate And ANR

2025:BHC-AUG:17625 -1- 931-CA-634-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.634 OF 2018 IN FAST/12696/2017 THE EXECUTIVE ENGINEER, MINOR IRRIGATION STRENGTHENING DIVISION, OMERGA, TQ. OMERGA, DIST OSMANABAD AND ANOTHER

VERSUS

RAOSAHEB S/O. NARAYAN GATE AND ANOTHER ......

Advocate for Applicant - Acquiring Body : Mr. Satish B. Parnere AGP for Applicant No.2 : Mr. N. D. Batule Advocate for Respondents : Mr. Gajanan Sontakke ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 08 JULY 2025 PER COURT :

1.

Present application is for condonation of delay of 1372 days caused in filing appeal against judgment and award passed by the 5th Joint Civil Judge, Senior Division, Osmanabad in L.A.R. No.672 of 2001.

2.

Learned Advocate for acquiring body pointed out that, reasons for delay are spelt out in paragraph nos.2 and 3 of the application and stated 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.

3.

Learned Advocate for the respondents raised objection to condone the delay.

-2- 931-CA-634-2018 4.

For the reasons mentioned in civil application, more particularly in paragraph nos.2 and 3 and in the interest of justice and fair opportunity, delay caused is required to be condoned. Delay stands condoned. Appeal be duly registered. 5.

In First Appeal, issue notice to the respondents, returnable within eight weeks. Learned counsel Mr. Gajanan Sontakke waives service of notice on behalf of respondents. (ABHAY S. WAGHWASE, J.) Tandale