The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Thr Gmidc, Aurangabad v. Sanjay Mango Mali And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6955 OF 2020 IN FIRST APPEAL ST. NO. 15326 OF 2020 The Executive Engineer Applicant

Versus

Sanjay Mango Mali & others Respondents Mr. S.G. Bhalerao, Advocate for the applicant. Mr. K.D. Mundhe, AGP respondent Nos. 3 and 4. Mr. V.B. Patil, Advocate for respondent Nos. 1 & 2. CORAM : M. G. SEWLIKAR, J.

DATE : 26th October, 2020.

PER COURT :

1.

This application arises out of Nimbhora project. Applicant-acquiring body has preferred this application seeking condonation of delay of 1040 days occurred in preferring the frst appeal.

2.

Delay is committed for the reasons given in paragraph No. 2 of the application which is stated as procedural delay. Learned counsel for the applicant submits that applicant was not a party to the reference. After seeking legal opinion on getting knowledge of the

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3.

Shri V.B. Patil, learned counsel for respondent No. 1 vehemently opposes the application for condonation of delay stating that this cannot be a cause for codonation of delay. He submits that if this Court comes to the conclusion that delay is to be condoned, in that case, the acquiring body shall be directed to deposit the entire amount at once.

4.

For the reasons stated in the application, it is evident that the acquiring body was not a party to the reference in the reference Court. The applicant has made out suffcient cause for condonation of delay. Hence, the application is allowed. 5.

Delay of 1040 days occurred in preferring the frst appeal stands condoned. Civil application stands disposed of. ( M. G. SEWLIKAR ) Judge dyb