Gramvikas Officer/Gramsevak Ramdas Govind Dalavi v. Babasaheb Tukaram Shinde And ANR

ca9871-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9871 OF 2015 IN SAST/23558/2015 GRAMVIKAS OFFICER/GRAMSEVAK RAMDAS GOVIND DALAVI

VERSUS

BABASAHEB TUKARAM SHINDE AND ANR ...

Advocate for Applicant : Sonwane Mahesh R.

AGP for Respondents: Mr.D.V.Tele Advocate for Respondents : Mr.L.B.Palod for R.1. ...

CORAM : SUNIL P. DESHMUKH,J.

DATED : 29TH JANUARY,2016 PER COURT :- Heard learned counsel for the parties. The learned counsel for the applicant refers to reasons as appearing in paragraph no.3 of the application and submits that it is on account of the said reasons delay has occurred. The delay has not given any benefit to the Gram Panchayat. He submits that the delay is not intentional nor deliberate.

2] Mr.Pallod, learned counsel however, submits that it cannot be said that the applicant had no knowledge as applicant was party to the dispute and that the matter was allowed to go exparte. In these

ca9871-15 -2circumstances, the reasons as are appearing can not be accepted. However, he is not in a position to dispute veracity of the contents as are appearing in the said paragraph. In these circumstances, having regard to the position of law that not to approach pedantically in delay condonation matters, it would be appropriate that inconvenience if any caused to the respondent can be compensated by awarding costs.

3] In view of the above, Civil Application is allowed in terms of prayer clause B and is disposed of on condition that the applicant shall deposit costs of Rs.2,500/- in this Court within six weeks from today, that should be a condition precedent for further proceeding with the Second Appeal. In case the amount is so deposited, respondents are at liberty to withdraw the same. (SUNIL P. DESHMUKH,J.) umg/