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Bombay High CourtCA/12741/2019delay condonatedrejected

The G.M.I.D.C., Thr Its Ex. Engineer, Irrigation Div. Osmanabad And ORS v. Madhukar Bapurao Atoule And ORS

2023-02-15Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12741 OF 2019 IN FIRST APPEAL ST. NO. 21883 OF 2019 The Godavari Marathwada Irrigation Development Corporation & others Applicants

Versus

Madhukar s/o Bapurao Atoule & others Respondents Mr. R. B. Gaikwad, Advocate for applicant No. 1/acquiring body. Mr. M. M. Nerlikar, AGP for applicants No. 2 and 3. Mr. L. C. Patil, Advocate for respondents.

CORAM : R. M. JOSHI, J.

DATE :15th FEBRUARY, 2023.

PER COURT :

1.

This application is fled by the acquiring body seeking condonation of delay of 1024 days occurred in preferring the appeal. 2.

Heard learned counsel for applicant No. 1/acquiring body, learned AGP for applicants No. 2 and 3 and learned counsel for the respondents/claimants.

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Learned counsel for the acquiring body submits that delay is caused on account of obtaining sanction for preferring the appeal. He submits that the delay is not intentional. 4.

For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 1024 days caused in preferring the frst appeal stands condoned subject to cost of Rs. 1,000/-.

5.

Application stands disposed of.

( R. M. JOSHI) Judge dyb