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Bombay High CourtCA/12264/2022disposed off

Bhausaheb Rangnath Nangurde And ORS v. The Ex. Engineer, Minor Irrigation Div. No. 1 G.M.P.V.M. Aurangabad And ANR

2023-04-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

22-CA-12264-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12264 OF 2022 IN FIRST APPEAL (ST) NO. 20719 OF 2022 BHAUSAHEB RANGNATH NANGURDE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO. 1 G.M.P.V.M. AURANGABAD AND ANOTHER ...

Mr. S.N. Pahune Patil - Advocate for Applicants Mr. S.S. Dande - AGP for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th April, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 957 days, which appears to be caused due to their poor financial condition.

3.

The learned A.G.P. strongly opposed the application on the ground that, no reasonable cause is mentioned for condoning the delay period. The acquiring body though served, but remained absent.

Pooja K.

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22-CA-12264-2022 4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 957 days stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay. 5.

The appeal be placed for admission after removal of office objections, if any.

6.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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