The Ex. Engineer, Upper Penanga Project No. 6 Nanded v. Prakash Dattatraya Kulkarni And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.175 OF 2019 IN FAST/15573/2018 The Executive Engineer, Upper Penanga Project No.6, Nanded ... Versus ...

Prakash Dattatraya Kulkarni and others ...

Mr. A.D. Gadekar, Advocate for the appellant Mr. M.D. Godhamgaonkar, Advocate for the respondent No.1 Mr. P.M. Kulkarni, AGP for the respondent Nos.2 and 3 ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

26th JULY, 2019 PER COURT :

Present application has been filed by the original respondent No.3 for getting delay of 777 days condoned in filing First Appeal. The acquiring body intends to challenge the Judgment and Award dated 20.01.2016 in L.A.R. No.386/2010 passed by learned Civil Judge Senior Division, Bhokar, Dist. Nanded, whereby the compensation amount was enhanced by the reference Court.

CA_175_2019 The application has been strongly opposed by respondent No.1original claimant, on the ground that the delay is huge and inordinate and has not been explained properly.

Heard both sides. Perusal of the reasons, those have been mentioned in para Nos.2 and 3, it appears that much time has been consumed by the authorities in seeking legal remedies and opinions as well as sanctions. Financial arrangement was also required to be made and therefore, taking into consideration the liberal approach, the delay deserves to be condoned. Hence, following order.

ORDER

Application is hereby allowed.

Delay stands condoned.

Registry to verify and register the First Appeal and place it for further consideration on 09.12.2019.

( Smt. Vibha Kankanwadi, J. ) agd