Dinanath Nagnath Mairan (Died) Lrs. Vijay Dinanath (Died) Thr Lrs Savita And ORS v. Executive Engineer, Osmanabad Minor Irrigation Division, Osmanabad And ANR

2023:BHC-AUG:26006 1 910-CA-16361-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16361 OF 2022 IN X-OBJECTION(ST)/23702/2022 IN FA/2404/2016 DINANTH NAGNATH MAIRAN (DIED) THROUGH LRS. VIJAY DINANATH (DIED) THROUGH LRS. AND OTHERS

VERSUS

EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ANOTHER ...

Mr. R.V. Naiknavare, Advocate for Applicants Mr. S.K. Shirse, AGP for Respondent No.2 Mr. S.G. Sangle, Advocate for Respondent No.1 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 12th DECEMBER, 2023 PER COURT :

1.

This is an application for condonation of 2571 days in filing cross objection.

2.

Learned advocate appearing for respondent No.1 and learned AGP for State strongly opposed the application stating that no sufficient ground is made out to condone the inordinate delay of 2571 days.

3.

For the reasons stated in the application and in view of decision in V.I.D.C., Through Executive Engineer, Minor Irrigation Works, Wardha Vs. Kawadu Narayan Tandulkar and Others, 2017

(6) Mh.L.J. 780, application is allowed, subject to the condition that applicants shall not claim interest for delayed period of 2571 days. Cross objection be registered. Applicants to remove office objections within a period of six weeks from today. (NITIN B. SURYAWANSHI, J.) SVH