The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS v. Kisan Narhari Naiknaware (Died) Thr Lrs Anjanabai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7803 OF 2018 IN FAST/13893/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS

VERSUS

KISAN NARHARI NAIKNAWARE (DIED) THROUGH L.RS. ANJANABAI KISAN NAIKNAWARE AND OTHERS WITH CIVIL APPLICATION NO.7796 OF 2018 IN FAST/13702/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS

VERSUS

VYANKAT DHONDIBA NAIKNAWARE (DIED) THROUGH L.RS. RUKMINBAI VYANKATRAO NAIKNAWARE AND OTHERS WITH CIVIL APPLICATION NO.7798 OF 2018 IN FAST/13897/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS

VERSUS

FAKIRA GANPATI CHOUDHARI AND ANOTHER WITH CIVIL APPLICATION NO.7800 OF 2018 IN FAST/13901/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS

VERSUS

RAMA KRISHNATH NAIKNAWARE AND OTHERS

....

Mr. S.D. Dhongade, Advocate for the Applicant Mr. R.V. Naiknaware, Advocate for Respondents / original claimants ....

CORAM : SHRIKANT D. KULKARNI, J.

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

These are the applications for condonation of delay moved by the applicants/ acquiring body.

2.

Heard Mr. S.D. Dhongade, learned counsel for the applicants / acquiring body.

3.

Issue notice to respondents / original claimants. Mr. R.V. Naiknaware, learned counsel, on instructions, waives notice for the respondents / original claimants in respective applications for condonation of delay.

4.

Mr. Naiknaware, learned counsel for the respondents / original claimants strongly opposed to condone the delay. He submits that the delay caused in preferring the appeals is inordinate. No sufficient reasons are assigned for condonation of delay. He urged to dismiss the applications for condonation of delay.

5.

Mr. S.D. Dhongade, learned counsel for the appellant / acquiring body submits that there was no intentional delay on the part of the appellant / acquiring body. The delay was occurred due to procedural aspect. He, therefore, urged to condone the delay in respective applications.

6.

For the reasons stated in the applications for condonation of delay, more particularly in para nos. 3 to 5, and in the interest of justice, the delay needs to be condoned.

O R D E R

(i) The applications for condonation of delay moved by the appellant / acquiring body are hereby allowed. (ii) Registry to make scrutiny of the appeal as per procedure and those be numbered and place before the Court for admission. (iii) The civil applications are accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane