The Executive Engineer Latur Minor Irrigation Division Latur And Another v. Abasaheb Dattatraya Patil And Others

CA-11712.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 11712 OF 2014 IN FIRST APPEAL (STAMP) NO. 25519 OF 2014 The Executive Engineer Latur Minor Irrigation Division at Latur and another ... Applicants

Versus

Abasaheb s/o Dattatraya Patil and others ... Respondents --- Mr. P. P. Dama, Advocate for applicant Mr. G. K. Sontakke, Advocate for respondents CORAM :

M. T. JOSHI, J.

DATE :

JANUARY 16, 2015

ORDER

1.

Mr. Sontakke, learned advocate appears for respondents. Service, as such, is complete. Office to take note of the same.

2.

Heard both sides.

3.

Delay of 991 days in filing appeal is sought to be condoned by present application. Learned counsel for the applicants submit that certified copy of the award was delivered to applicants on 18-01-2012. Thereafter, the matter was processed and allotted to panel advocate on 30-08-2014

CA-11712.14 whereupon necessary opinion was given and thereafter appeal was filed. Thus the matter remained for two years in the office of the appellants.

4.

However, considering the fact that due to negligence of some of the staff members of the applicants, delay has occurred. In my view, sufficient reason is made out. 5.

In the circumstances, application is allowed. Delay in filing appeal is condoned on the condition that applicantsappellants pay costs of Rs.5000/- to respondents jointly within a period of ten weeks from today.

6.

Application is disposed of.

(M. T. JOSHI, J.) pnd