Ex. Engineer, Osmanabad Minor Irrigation Div. Osmanabad And ORS v. Rambhau Nivrutti Gaware

2025:BHC-AUG:29387 -1- 916-CA-9778-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9778 OF 2022 IN FAST/24805/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS

VERSUS

RAMBHAU NIVRUTTI GAWARE ......

Advocate for Appellant No.1 : Mr. B. R. Survase AGP for Appellant Nos.2 and 3 : Mrs. A. S. Mantri Advocate for Respondent : Mr. Sushant Baburao Choudhari ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 15 OCTOBER 2025 PER COURT :

1.

Present application has been filed by the acquiring body for condonation of delay of 1735 days caused in filing appeal against judgment and award passed by the learned Civil Judge, Senior Division, Bhoom in L.A.R. No.633 of 2014.

2.

Learned counsel for applicant - acquiring body submits that time spent for administrative reason and other reasons for delay are spelt out in the civil application. He further submits that, there is no deliberate and intentional delay and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned.

-2- 916-CA-9778-2022 3.

Learned counsel for respondent raised objection to condone the delay.

4.

For the reasons mentioned in civil application and in the interest of justice and fair opportunity, delay caused is required to be condoned. Delay stands condoned. Civil Application stands disposed off. Appeal be duly registered.

5.

In First appeal, issue notice to the respondent, returnable within eight weeks. Learned counsel Mr. Sushant B. Choudhari waives service of notice on behalf of respondent.

(ABHAY S. WAGHWASE, J.) Tandale