The Ex. Engineer, Irrigation Strengthening Div. Omerga And ORS v. Rajendra Karbassapa Birajdar

2025:BHC-AUG:29401 {1} CA 10967 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10967 OF 2021 IN FAST/19858/2021 THE EXECUTIVE ENGINEER, IRRIGATION STRENGTHENING DIVISION AT OMERGA, DIST. OMERGA.

VERSUS

RAJENDRA KARBASSAPA BIRAJDAR, DIED, THR.LRS. MAHADEVI R. BIRAJDAR AND ORS.

...

Advocate for Applicant no.1 :Mr.S.P. Nimbalkar h/f. Mr. R. A. Tambe AGP for Applicant nos.2 & 3 : Mr.S.P. Joshi Advocate for Respondents : Ms.Mrunal Andhare h/f. Mr. Ajeet B. Kale ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 13 OCTOBER, 2025 ORDER :- 1.

Learned counsel for the applicant seeks leave to carryout amendment in title clause.

2.

Leave granted. Necessary amendment be carried out forthwith.

3.

Heard both the sides.

4.

Present application is for condonation of delay of 692 days caused in filing the appeal against judgment and order of the Reference Court passed in the land acquisition reference.

{2} CA 10967 OF 2021 5.

The learned counsel for applicant acquiring body submits that applicant had to meet various authorities for obtaining sanction for court fees and therefore, delay is caused for administrative reason. That, the delay caused is not deliberate or intentional. Therefore, learned counsel urges for condonation of delay. 6.

Learned counsel for respondents/claimants opposes the application.

7.

I have gone through the contents of the application. For the reasons mentioned in the application, application deserves to be allowed. Accordingly, application is allowed. Delay stands condoned.

8.

Appeal be registered. On registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Ms.Mrunal Andhare, learned counsel holding for Mr. Ajeet B. Kale, learned counsel waives service of notice for respondents-claimants. ( ABHAY S. WAGHWASE ) JUDGE SPT