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Bombay High CourtCA/5721/2025admittedallowedgrantedrule absolute

The Executive Engineer Irrigation Project Strengthening Division v. Manmath Shivaji Mudake And ORS

2025-08-04Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:20750 1 118 ca 5721.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5721 OF 2025 IN FIRST APPEAL STAMP NO. 15587 OF 2025 The Executive Engineer Irrigation Project Strengthening Division

VERSUS

Manmath Shivaji Mudake and others Shri Chetan T. Jadhav, Advocate for the Applicant. Shri D. B. Bhange, A.G.P. for the Respondent Nos. 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 04TH AUGUST, 2025.

FINAL ORDER :

.

Despite service of notice, none appears for the contesting party/original claimants. Learned A. G. P. appears for the respondent Nos. 2 and 3 and opposes application for condonation of delay.

2.

As the averments in the application have not been controverted, I find no reason to reject the application. There are no malafides on the part of the applicant in preferring appeal belatedly. Appeal is directed against exorbitant compensation and amount of public exchequer is at stake. The civil application is allowed and delay stands condoned on condition of deposit of Rs. 5,000/- (Rs. Five thousands only) as cost with the High Court

2 118 ca 5721.25 Advocates Bar Library, Aurangabad within a period of four (04) weeks from today. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/Aug. 25