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Bombay High CourtCA/9012/2017disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS v. Vishwambhar Namdeo Patil

2019-12-10Hon'Ble Shri Justice Mangesh S. Patil1 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO.9012 OF 2017 IN FAST/20274/2017 THE EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD ANDORS

VERSUS

VISHWAMBHAR NAMDEO PATIL ...

Advocate for Applicants : Giri Umakant P.

Adv.V V Ingale For R/1 & 2 ...

CORAM : MANGESH S. PATIL, J.

DATE : 10.12.2019 P.C. :- There is delay of 1611 days for the acquiring body to prefer appeal against the judgment and award passed by the Reference Court. 2] The learned advocate for the original claimants opposed the application.

3] It has been mentioned that the delay has occasioned bonafide. Time was spent in obtaining certified copy, submitting proposal, getting approval and arranging for the Court fees have resulted in causing the delay. It has not been caused intentionally and it may be condoned else it would result in burden on public exchequer.

4] The learned advocate for the claimant opposed the application but submits that in several other appeals by the acquiring body arising on the same notification the delays have been condoned. 5] For the reasons mentioned in the application, the delay is condoned. [MANGESH S. PATIL, J.] umg/