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Bombay High CourtCA/7420/2022admittedallowedgrantedrule absolute

Ex. Engineer, V.P.D. No. 1 Nanded Now Lendi Project Div. Degloor, Under Gmidc Aurangabad And ORS v. Vitthal Mhaysaji Gadarao

2025-03-24Hon'Ble Shri Justice Neeraj P. Dhote1 pages

41-CA-7420-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 7420 OF 2022 IN FAST/16632/2020 Ex. Engineer, V.p.d. No. 1 Nanded Now Lendi Project Div. Degloor, Under Gmidc Aurangabad And Ors ....Applicants

VERSUS

Vitthal Mhaysaji Gadarao .....Respondent .....

Mr. B. R. Surwase, Advocate for Applicants .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

24.03.2025 PER COURT :

1.

This is an Application for condonation of 986 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.

None for the Respondent though served.

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.

Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 27/03/2025 10:50:58 [NEERAJ P. DHOTE, J.] Sameer/March-2025