The Ex. Engineer, Osmanabad Medium Project Div. Osmanabad v. Dattu Vithoba Sapkal And ORS

1 15-CA-8444-2020 & 7 Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO.8444 OF 2020 IN FAST/20399/2020 RAMLING MANIK SAPKAL AND OTHERS ...

15 CIVIL APPLICATION NO.8448 OF 2020 IN FAST/20399/2020 UTTAM RANU DEOARE AND ORS.

15 CIVIL APPLICATION NO.8442 OF 2020 IN FAST/20263/2020 MANIK HARIBA SAPKAL (DIED) HIS LRS. DASHRATH MANIK SAPKAL

2 15-CA-8444-2020 & 7 Ors. 15 CIVIL APPLICATION NO.8435 OF 2020 IN FAST/20535/2020 NANA GANPATI SAPKAL AND OTHERS 15 CIVIL APPLICATION NO.8433 OF 2020 IN FAST/20399/2020 MACHINDRA BHAURAO SAPKAL AND OTHERS 15 CIVIL APPLICATION NO.8450 OF 2020 IN FAST/20428/2020 DATTU VITHOBA SAPKAL AND ORS.

3 15-CA-8444-2020 & 7 Ors. 15 CIVIL APPLICATION NO.8446 OF 2020 IN FAST/20404/2020 GORAKH MANIK SAPKAL AND ORS.

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 28th February 2022 PER COURT :

1.

These are the applications for condonation of delay moved by the applicant/acquiring body.

2.

Heard Mr M.S. Kulkarni, learned counsel for the applicants/acquiring body, Mr Dhananjay Mane holding for Mr N.G. Talekar, learned counsel for the original claimants and Mr A.B. Chate, learned AGP for the State. 3.

There seems to be delay in preferring the appeal ranging from 434 days to 501 days.

4.

Mr Dhananjay Mane h/f Mr N.G. Talekar, learned counsel for the original claimants opposed to condone the delay. He submitted that no sufficient reasons are assigned by the acquiring body for condonation of delay. The applications are liable to be dismissed. Whereas Mr M.S. Kulkarni, learned counsel for the applicant/acquiring body submitted that the acquiring body has

4 15-CA-8444-2020 & 7 Ors. assigned sufficient reasons in the respective applications for condonation of delay and urged to allow these applications.

5.

For the reasons stated in the applications for condonation of delay in para Nos. 5 and 6, and in the interest of justice, the applications need to be allowed.

ORDER

(i) The applications for condonation of delay are hereby allowed. (ii) The Registry to make scrutiny of the appeals as per procedure and thereafter, those be numbered and placed before the Court for admission.

(iii) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta