Govind Babarao Surnar And ORS v. The Ex. Engineer, Minor Project Div. Thr Medium Project Div. Nanded And ORS

{1} ca11613.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11613 OF 2022 IN FIRST APPEAL ST. NO. 14487 OF 2022 Govind Babarao Surnar & others Applicants

Versus

The Executive Engineer, Minor Project Division, Nanded & others Respondents Mr. Y. P. Deshmukh, advocate for the Applicants Mr. S. N. Morampalle, AGP for Respondents No.2 and 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 28th March, 2023.

PC :

Heard rival submissions.

The applicants-claimants, are seeking condonation of delay of 3740 days which appears to be caused due to their financial crisis.

The learned AGP for Respondents No.2 and 3 strongly opposed the application on the ground that the delay is not properly explained. The learned Counsel for Respondent No.1-acquiring body, despite appearance, remained absent.

{2} ca11613.22.odt However, considering the statutory right of the applicants, the delay of 3740 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay.

The appeal be placed for admission after removal of office objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb