Godawari Marathwada Irrigation Development Corporation, Latur v. Babu Sonappa Kadwade And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1519 OF 2015 IN FIRST APPEAL (ST) NO.12623 OF 2014 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, LATUR

VERSUS

SANGAPPA PARAPPA KADWADE AND OTHERS ...

CIVIL APPLICATION NO.1527 OF 2015 IN FIRST APPEAL (ST) NO. 12617 OF 2014 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, LATUR

VERSUS

BABU SONAPPA KADWADE AND OTHERS ...

CIVIL APPLICATION NO.1533 OF 2015 IN FIRST APPEAL (ST) NO. 12323 OF 2014 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, LATUR

VERSUS

PARAPPA BHAGWAN KADWADE AND OTHERS ...

Senior Advocate for Applicant/s : Mr. S. C. Arora h/f Mrs. K. B. Bharaswadkar AGP for Respondent Nos.2 and 3: Mr. P. M. Kulkarni Advocate for Respondent No.1: Ms. P. G. Sontakke ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :22.06.2023 1/3

PER COURT :

1.

Heard.

2.

These applications are moved seeking condonation of delay of 693 days caused in filing the appeals against the judgment and order dated 21/12/2011, passed by the Ad-hoc Additional District Judge-1, Latur, in L.A.R. No.342/2005, L.A.R. No.351/2005 and L.A.R. No.341/2005. 3.

The learned Advocate appearing for the applicant/s would submit that the delay is caused on account of procedural and administrative reasons. He would invite attention of this Court towards Paragraph Nos.2 and 3 of these applications and submits that the sufficient cause is made out to condone the delay.

4.

The learned Advocate appearing for the respondents / claimants opposes the applications saying that, the reasons as indicated in Paragraph Nos.2 and 3 cannot be accepted as sufficient cause. Having considered the submissions what can be gathered is, the applicants are required to follow administrative instructions and also procedure before filing the appeals. It is also required to make necessary arrangement in terms of Court fees and passing on instructions to the concerned department. Considering the reasons as stated, it cannot be said that the delay is intentional and the applicants have not derived any advantage of such delay.

In that view of the matters, the case is made out to condone the delay. Hence, the following order:

2/3

ORDER

(i) Civil Applications are allowed and the same are disposed of accordingly.

(ii) The delay caused in filing the appeals are condoned. (iii) Appeals be registered.

(S. G. CHAPALGAONKAR, J.) Sameer 3/3