Ex. Engineer, V.P.D. No. 1 Jangamwadi Nanded Now Lendi Pro. Div. Degloor, Under Gmidc Aurangabad v. Pandu Soma Nukulwad

2025:BHC-AUG:8974 42-CA-7428-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 CIVIL APPLICATION NO. 7428 OF 2022 IN FAST/16600/2020 Ex. Engineer, V.p.d. No. 1 Jangamwadi Nanded Now Lendi Pro. Div. Degloor, Under Gmidc Aurangabad ....Applicants

VERSUS

Pandu Soma Nukulwad .....Respondent .....

Mr. B. R. Surwase, Advocate for Applicants Ms. Laxmi R. Thakur h/f Mr. L. C. Patil, Advocate for Respondent .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

24.03.2025 PER COURT :

1.

This is an Application for condonation of 314 days delay caused in preferring the First Appeal by the Acquiring Body, against the Judgment and Award passed by the Reference Court in the Land Acquisition Proceedings.

2.

The learned Advocate for the Applicants submits that, since the Acquiring Body had moved an Application under Sections 151 and 152 of the Civil Procedure Code for correction of the operative order in respect of the interest, they could not prefer First Appeal within the stipulated time and as the said proceedings took time, the Application be allowed.

3.

Learned Advocate for Respondent opposes the Application. 4.

After hearing both sides and perusing the Application, the Application is allowed in terms of prayer clause - 'B', subject to the Applicants depositing costs of Rs.500/- [Rupees Five Hundred] with the Bar Association of Reference Court i.e. Court of Civil Judge, Senior Division, Mukhed.

[NEERAJ P. DHOTE, J.] Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 27/03/2025 10:50:16 Sameer/March-2025