The Ex. Engineer, Minor Irrigation Div. Osmanabad And ANR v. Babu Rambhau Bhalekar

1 922-CA-441-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.441 OF 2022 IN FAST/19546/2020 THE EX. ENGINEER, MIN. IRRI. DIV.

OSMANABAD AND ANR

VERSUS

BABU RAMBHAU BHALEKAR ...

Advocate for Applicant No. 1 : Mr U.P. Giri h/f Mr C.D. Biradar AGP for Applicant No. 2/State : Mr S.G. Sangle Advocate for Respondent : Mr R.V. Naiknaware CORAM : SHRIKANT D. KULKARNI, J.

DATE : 10th March, 2022 PER COURT :

1.

It is an application for condonation of delay moved by the applicants. 2.

Heard Mr U.P. Giri holding for Mr C.D. Biradar, learned counsel for the respective applicant.

3.

Issue notice to the respondent/original claimant. 4.

Mr Naiknaware, learned counsel submits that he has instructions to appear on behalf of the respondent/original claimant and he has also filed V.P. 5.

His statement is taken on record.

6.

Mr Naiknaware, learned counsel for the original claimant strongly opposed to condone the delay. He submitted that the reasons assigned for condonation of delay are neither convincing nor strong. He therefore urged to reject this application.

2 922-CA-441-2022 7.

Mr U.P. Giri holding for Mr C.D. Biradar, learned counsel for the respective appliant submitted that the delay was caused in completing the formalities and obtaining sanction from the Law and Judiciary Department. There was no intentional delay.

8.

For the reasons stated in the application for condonation of delay para Nos. 2 and 3 and looking to the nature of dispute, the delay needs to be condoned.

ORDER

(I) The application is hereby allowed in terms of prayer clause (A) and (B).

(II) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta