Ex. Engineer, V.P.D. No. 1 Nanded Now Lendi Project Div. Degloor, Under Gmidc Aurangabad And ORS v. Nishikant Vishwanath Kothare And ORS

1 937CA7007.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

937 CIVIL APPLICATION NO. 7007 OF 2022 IN FAST/16636/2020 Ex. Engineer, V.p.d. No. 1 Nanded Now Lendi Project Div. Degloor, Under Gmidc Aurangabad And Ors

VERSUS

Nishikant Vishwanath Kothare And Ors ...

Mr. B. R. Surwase - Advocate for Applicant Mrs. Chincholkar - Advocate for Respondent Nos. 1 to 3 ...

WITH CIVIL APPLICATION NO. 7040 OF 2022 IN FAST/16636/2020 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 13TH MARCH 2025 PER COURT : - 1.

This is an Application for condonation of 301 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.

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.

SG Punde

2 937CA7007.2022.odt 3.

Learned Advocate for Respondent Nos. 1 to 3 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] to the Bar Association of Reference Court i.e. Court of Civil Judge Senior Division, Mukhed.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 17/03/2025 15:09:31 SG Punde