Executive Engineer, Osmanabad Minor Irrigation Division v. Bhanudas Govind Bhadare And Others

2025:BHC-AUG:9510 1 PB(iv).CA.-989-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 989 OF 2014 IN FIRST APPEAL STAMP NO. 27816 OF 2013 EXECUTIVE ENGINEER, OSMANABAD MINOR IRRIGATION DIVISION VS.

BHANUDAS GOVIND BHADARE AND OTHERS ...

Advocate for Applicant : Mrs. Biradar Meera T. Advocate for Respondents : Mr. Pravin B. Rakhunde ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 27th MARCH 2025 PER COURT :

1. The Applicant is challenging the judgment and award dated 07.01.2013 passed by the Reference court. There is delay of 176 days. The grounds for condoning the delay are mentioned in Paragraph Nos. 3 to 5 of the Application. Learned Counsel for the Applicant submits that there are no malafides in presenting the appeal belatedly.

2. Learned Counsel Mr. Rakhunde appearing for Respondent/ Claimant submits that though original claimant died, he has filed application giving intimation to the Applicant to bring legal heirs of deceased claimant on record. He is representing the heirs of deceased

2 PB(iv).CA.-989-2014.doc claimant. He would oppose the Application for condonation of delay as the delay is deliberate and inordinate.

3. I have gone through Paragraph Nos. 2 to 5. I do not find any reason to disbelieve the averments of the Application. The Applicant is Acquiring Body. The delay appears to be unintentional. I am inclined to condone the same.

4. Civil Application is allowed in terms of prayer clause 'B'.

5. Office is directed to restore the First Appeal forthwith. SHAILESH P. BRAHME JUDGE NAJEEB..