The Executive Engineer, Irrigation Department Strengt. Div. Omerga, Osmanabad v. Kailas Mallikarjun Dulange And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 3710 OF 2025 IN FA/796/2025 Bhanudas Sakharam Kandalkar (died) Thr. Lrs Kishor Bhanudas Khandalkar And Ors
VERSUS
The State Of Maharashtra Through Collector, Osmanabad And Ors ...
Advocate for Applicant : Ms. Laxmi Thakur h/f Mr.L.C. Patil AGP for Respondents: Mr. V S Badakh Advocate for Respondent 3 : Mr. Rahul A. Tambe ...
WITH CIVIL APPLICATION NO. 6886 OF 2024 IN FAST/22668/2021 WITH CIVIL APPLICATION NO. 6887 OF 2024 IN FAST/22668/2021 WITH FIRST APPEAL NO. 797 OF 2025 WITH FIRST APPEAL NO. 799 OF 2025 WITH FIRST APPEAL NO. 798 OF 2025 CORAM : S. G. CHAPALGAONKAR, J.
Dated : April 22, 2025 ORDER :- CA for L.Rs. :- 1.
Heard learned advocates appearing for the respective parties.
2.
The applicants are seeking directions against the respondent acquiring body to bring them on record as L.Rs. of deceased respondent Bhanudas Sakharam Khandalkar, who
died on 6.5.2023 leaving behind the applicants as L.Rs. The applicants are also praying to condone the delay of 599 days caused in filing the application.
3.
Considering the submissions advanced and reasons as stated in paragraph nos.3 and 4 of the application, which are not controverted by respondent, the application is allowed in terms of prayer clause B,C and D. CA stands disposed of. Amendment to be carried out within a period of two weeks from today.
CIVIL APPLICATION NO. 6886 OF 2024 IN FAST/22668/2021 :- 1.
Heard learned counsel appearing for the applicant. The applicant seeks to condone the delay of 1829 days caused in filing the appeal against the judgment and award passed by the Reference Court.
2.
Perused application and reasons stated therein. Delay is occasioned on account of administrative exigencies. The applicant has not taken any benefit by making delay. 3.
Learned counsel appearing for respondent do not controvert contents of the application.
4.
In that view of the matter, sufficient cause is made out to condone the delay. Hence, application is allowed. Delay caused in filing the appeal is condoned. CA stands disposed of. Appeal be registered.
CIVIL APPLICATION NO. 6887 OF 2024 IN FAST/22668/2021 5.
Mr. Shelke, learned counsel appearing for the applicant submits that, in pursuance to the directions issued by this
Court, acquiring body has issued a cheque and he would be depositing the same within a period of three days. 6.
In that view of the matter, accepting statement of advocate Mr. Shelke as an undertaking to this Court, the execution, operation and implementation of the award under appeal shall remain stayed pending the hearing and final disposal of the appeal.
( S. G. CHAPALGAONKAR, J. ) ...
aaa-