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Bombay High CourtCA/11138/2024admittedallowedgrantedrule absolute

The Executive Engineer, Irrigation Project, Strengthening Division, Omerga v. Uttam Shyamrao Thite And ORS

2025-07-17Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:18805 1 984 ca 11138.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11138 OF 2024 IN FIRST APPEAL STAMP NO. 21140 OF 2024 The Executive Engineer Irrigation Project Strengthening Division Omerga .. Applicant

Versus

Uttam Shyamrao Thite and others .. Respondents Shri Uday S. Malte, Advocate for the Applicant through V. C. Shri D. B. Bhange, A.G.P. for the Respondent Nos 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH JULY, 2025.

FINAL ORDER :

.

Heard learned counsel for the applicant. None appears for the respondent/claimant, though served.

2.

Applicant is seeking condonation of delay of 2603 days caused in preferring first appeal. The averments of the application have not been controverted. Learned counsel for the applicant submits that even cheque of awarded amount is also ready and separate application is filed seeking permission to deposit the cheque.

3.

I do not find any impediment for condoning the delay. The

2 984 ca 11138.24 civil application is allowed in terms of prayer clause 'B'. The civil application is disposed of. Office is directed to register the first appeal.

[ SHAILESH P. BRAHME J. ] bsb/July 25