The Ex. Engineer, Minor Irrigation Div. Thr Mohan B Kade Sub Div. Engineer, Osmanabad And ORS v. Dnyandeo Krushna Kadam

{1} CA 7245 OF 2018 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 CIVIL APPLICATION NO.7245 OF 2018 IN FAST/12054/2018 THE EX. ENGINEER, MINOR IRRIGATION DIV. THR. MOHAN BALIRAM KADE, SUB DIV. ENGINEER, OSMANABAD

VERSUS

MARUTI S/O NIVRUTI KADAM ...

Advocate for Applicant : Shri Shyam C. Arora Advocate for Respondents : Shri S.B.Choudhary h/f. Shri V.B.Deshmukh ...

WITH CA/7247/2018 IN FAST/12493/2018 WITH CA/7249/2018 IN FAST/12490/2018 WITH CA/7251/2018 IN FAST/12484/2018 WITH CA/7253/2018 IN FAST/12475/2018 WITH CA/7255/2018 IN FAST/12496/2018 WITH CA/7257/2018 IN FAST/12478/2018 WITH CA/7259/2018 IN FAST/12481/2018 ...

CORAM : P.R.BORA, J.

DATE: 6th March, 2019 PER COURT:- Heard Shri S.C.Arora, learned Counsel appearing for the Acquiring Body and Shri S.B.Choudhary h/f. Shri V.B.Deshmukh for respondents - claimants.

Delay of 980 days has occurred in filing these appeals by the Acquiring Body. The learned Counsel submitted that for making procedural compliances by the concerned ofÏcers, the delay has occasioned and that is the main reason, the appeals

{2} CA 7245 OF 2018 & ORS could not be filed within the period of stipulated limitation. The learned Counsel for the respondents - claimants has opposed for condoning the delay. The learned Counsel submitted that delay of more than two years has not been appropriately explained.

After having considered the submissions made by learned Counsel appearing for the parties, it appears to me that though the delay seems to have been occurred because of negligence on part of the concerned ofÏcers, in view of the fact that public money is involved, opportunity needs to be given to the Acquiring Body to prosecute its appeals on merits. I am therefore, inclined to allow the present applications. Hence, the following order is passed:-

ORDER

I) Applications for condonation of delay are allowed.

II) Delay caused in filing the appeals is condoned. III) Applications for condonation of delay stand disposed of.

IV) Appeals be registered in accordance with law.

{3} CA 7245 OF 2018 & ORS V) After registration of appeals, issue notice to the respondents - claimants. Shri S.B.Choudhary h/f. Shri V.BDeshmukh, learned Counsel waives service of notice for respondents - claimants.

Service complete.

VI) List the appeals for further consideration on 18.04.2019.

VII) Call Record and Proceedings.

(P.R.BORA) JUDGE SPT