M.K.V.D.C., Thr Ex. Engineer, Irrigation Project Strengthening Div. Omerga v. Laximibai Ramdas Bobade And ORS

2025:BHC-AUG:15170 -1- 916-CA-8038-2022

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 8038 OF 2022 IN FAST/22733/2021 WITH CIVIL APPLICATION NO. 8039 OF 2022 IN FAST/22733/2021 M.K.V.D.C., THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA

VERSUS

LAXIMIBAI RAMDAS BOBADE AND OTHERS ......

Advocate for Applicant : Mr. Avishkar S. Shelke Advocate for Respondent No.1 : Mr. Laxmikant C. Patil AGP for Respondent Nos. 2 and 3 - State : Mrs. D. S. Jape ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 17 JUNE, 2025 PER COURT :- CIVIL APPLICATION NO. 8038 OF 2022 :

1.

Present application is for condonation of delay of 1385 days caused in filing appeal against judgment and award passed by the 3rd Joint Civil Judge, Senior Division, Osmanabad in L.A.R. No.360 of 2012. 2.

Heard. For the reasons in mentioned in civil application, more particularly, in paragraph nos.5 and 6 and in the interest of justice and fair opportunity, delay caused is required to be condoned. Delay stands condoned. Appeal be duly registered.

3.

In First Appeal, issue notice to the respondents, returnable

-2- 916-CA-8038-2022 within eight weeks. Learned counsel Mr. Laxmikant C. Patil waives service of notice on behalf of respondent No.1 and Learned APP waives service of notice on behalf of respondent Nos.2 and 3. CIVIL APPLICATION NO. 8039 OF 2022 :

4.

Learned counsel for Applicant also urges for grant of stay in the backdrop of Civil Application No. 8039 of 2022 which is an offshoot of same in appeal i.e. grant of interim stay to the effect and operation of the impugned judgment and order against which appeal has been preferred. Learned counsel undertakes to deposit 25% of the amount and urges interim relief as well as seeks eight weeks time to deposit the amount.

5.

Learned counsel for respondents also insisted for depositing amount prior to enjoying any interim relief. Resultantly, time of eight weeks as sought is granted to deposit 25% of the award passed by the 3rd Joint Civil Judge, Senior Division, Osmanabad in L.A.R. No.360 of 2012. 6.

Subject to depositing the above amount, interim relief shall remain in force. On failure to deposit above amount, above granted interim relief would stand automatically vacated. ( ABHAY S. WAGHWASE, J. )