The Executive Engineer, Minor Irrigation Div., Sinchan Bhavan, Osmanabad v. Bansilal Pannalal Dhoot And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 6177 OF 2021 IN FIRST APPEAL (ST) NO. 16378 OF 2021 WITH CA/7493/2023 IN FAST/16378/2021 WITH CA/6178/2021 IN FAST/16378/2021 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION SINCHAN BHAVAN OSMANABAD

VERSUS

BANSILAL PANNALAL DHOOT AND OTHERS ...

Mr. R.B. Deshpande - Advocate for Applicant Mr. S.N. Kendre - AGP for Respondent No.3, State Mr. A.A. Pimpalwadkar - Advocate for Respondent Nos.1A, 1C and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22nd June, 2023 PER COURT :

CIVIL APPLICATION NO. 7493 OF 2023 1.

The applicant/appellant - acquiring body is seeking permission to bring legal heirs of deceased respondent No.1 - Bansilal Pannalal Dhoot in the appeal, who admittedly died on 14th November, 2021 by condoning the delay of 333 days. 2.

There is no objection from other side. Therefore considering the right to defend, the application allowed in 1/3

terms of prayer clauses 'B' and C'

.

3.

Applicant to carry out the amendment forthwith in appeal as well as applications for condonation of delay and stay.

CIVIL APPLICATION NO. 6177 OF 2021 4.

The learned Counsel - Mr. A.A. Pimpalwadkar causes appearance on behalf of respondents - claimants. 5.

The appellant - acquiring body is seeking condonation of delay of 3061 days, which appears to be cause due to obtaining sanctions at various stages. There is not strong objection from other side and therefore the delay of 3061 days stands condoned.

6.

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

7.

Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 6178 OF 2021 8.

Since the appellant - acquiring body has deposited 2/3

amount of compensation as directed by this Court, the application is made absolute in terms of prayer clause - B and disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE 3/3